VANN v. CITY OF SOUTHAVEN, MISSISSIPPI

No. 16-60561.

884 F.3d 307 (2018)

Rogers VANN, as Personal Representative and on Behalf of the Wrongful Death Beneficiaries of Jeremy W. Vann, Plaintiff-Appellant, v. CITY OF SOUTHAVEN, MISSISSIPPI; Lieutenant Jordan Jones, Individually and in His Official Capacity as a Police Officer; Sergeant Brett Yoakum, Individually and in His Official Capacity as a Police Officer; Police Chief Tom Long, Individually and in His Official Capacity as a Police Officer and Chief of Police; Sergeant Jeff Logan, Individually and in His Official Capacity as a Police Officer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED March 5, 2018.


Attorney(s) appearing for the Case

Daniel Marten Czamanske, Jr. , Chapman, Lewis & Swan, Clarksdale, MS, for Plaintiff-Appellant.

Robert Edwin Hayes, Jr., Esq. , Wayne Douglas Hollowell, III , Hayes Law Firm, P.L.L.C., Southaven, MS, Michael James Bentley, Esq. , Bradley Arant Boult Cummings, L.L.P., Jackson, MS, Nicholas H. Manley , Butler Snow, L.L.P., Memphis, TN, for Defendant-Appellee City of Southaven, Mississippi.

Robert Edwin Hayes, Jr., Esq. , Wayne Douglas Hollowell, III , Hayes Law Firm, P.L.L.C., Southaven, MS, Michael James Bentley, Esq. , Bradley Arant Boult Cummings, L.L.P., Jackson, MS, for Defendants-Appellees Lieutenant Jordan Jones, Individually and in His Official Capacity as a Police Officer; Sergeant Brett Yoakum, Individually and in His Official Capacity as a Police Officer; Police Chief Tom Long, Individually and in His Official Capacity as a Police Officer and Chief of Police; Sergeant Jeff Logan, Individually and in His Official Capacity as a Police Officer.

Norman Ray Giles , William S. Helfand , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Amicus Curiae National Association of Police Organizations, Texas Municipal League, Louisiana Municipal Association, Texas City Attorneys' Association.

Luther T. Munford , Margaret Zimmerman Smith , Butler Snow, L.L.P., Ridgeland, MS, Norman Ray Giles , William S. Helfand , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Amici Curiae Mississippi Municipal League, Incorporated.

Before SMITH, ELROD, and HAYNES, Circuit Judges.


Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is GRANTED. The panel opinion, Vann v. City of Southaven, 876 F.3d 133 (5th Cir. 2017), is WITHDRAWN, and the following is substituted:

This lawsuit arises from the death of...

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