BUSH v. STRAIN

No. 05-30837.

513 F.3d 492 (2008)

Holly BUSH, Plaintiff-Appellant, v. Rodney Jack STRAIN, Jr., in his official capacity as Sheriff of St. Tammany Parish; Dale Galloway, Detective, individually and in his official capacity as a St. Tammany Parish Sheriff Deputy; Ronald Plaisance, Deputy, individually and in his official capacity as a St. Tammany Parish Sheriff Deputy, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 14, 2008.


Attorney(s) appearing for the Case

Gary William Bizal (argued), Pierce & Bizal, New Orleans, LA, for Plaintiff-Appellant.

Robert Bradley Lewis (argued), Charles Marion Hughes, Jr., Talley, Anthony, Hughes & Knight, Mandeville, LA, for Defendants-Appellees.

Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.


OWEN, Circuit Judge:

Holly Bush appeals an adverse summary judgment on her excessive force1 and conspiracy claims against law enforcement officers, Dale Galloway and Ronald Plaisance, and a related respondent superior claim against Sheriff Rodney Jack Strain, Jr. The district court determined that Bush's claims were barred under Heck v. Humphrey2 based on her conviction for resisting arrest arising...

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