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THOMPSON v. CONNICK

No. 07-30443.

578 F.3d 293 (2009)

John THOMPSON, Plaintiff-Appellee, v. Harry F. CONNICK, in his official capacity as District Attorney; Eric Dubelier, in his official capacity as Assistant District Attorney; James Williams, in his official capacity as Assistant District Attorney; Eddie Jordan, in his official capacity as District Attorney; Orleans Parish District Attorney's Office, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 10, 2009.

Attorney(s) appearing for the Case

Michael L. Banks, John Gordon Cooney, Jr. (argued), Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, Robert Glass, Glass & Reed, New Orleans, LA, for Thompson.

William D. Aaron, Jr. (argued), Richard A. Goins, Goins Aaron, PLC, New Orleans, LA, for Defendants-Appellants.

Ralph R. Alexis, III, Porteous, Hainkel & Johnson, New Orleans, LA, Ellis Pete Adams, Jr. (argued), LA Dist. Attys. Ass'n, Baton Rouge, LA, for Amicus Curiae, LA Dist. Attys. Ass'n.

Donna Rau Andrieu, Andrew Milton Pickett, New Orleans, LA, for Amicus Curiae, Orleans Parish Asst. Dist. Attys.

James Davis Blacklock, Vinson & Elkins, L.L.P., Houston, TX, Hiram Stanley Sasser, Kelly J. Shackelford, Liberty Legal Institute, Plano, TX, for Amicus Curiae, Former Fed. Prosecutors.

Martin Jonathan Siegel, Law Offices of Martin J. Siegel, Houston, TX, for Amicus Curiae, Ctr. on the Admin. of Crim. Law.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

PER CURIAM:

By reason of an equally divided en banc court, the decision of the district court is AFFIRMED. The panel opinion was vacated by the grant of rehearing en banc.

EDITH H. JONES, Chief Judge, would reverse for additional reasons:

I concur in Judge Clement's fine opinion and would also highlight the troubling tension between this unprecedented multimillion dollar judgment against a major metropolitan District Attorney's office and the policies...

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