GATES v. STRAIN

No. 17-30519 Summary Calendar.

885 F.3d 874 (2018)

Shane M. GATES, Plaintiff-Appellant v. Rodney Jack STRAIN, Sheriff, in his official and individual capacity; Walter P. Reed, District Attorney, in his official capacity; Charles M. Hughes, Jr., Attorney; Nathan Miller, Sheriff Deputy; Roger Gottardi, Sheriff Deputy; Brian Williams, Sheriff Deputy; Philip Duiett, Lacombe Nurse, Defendants-Appellees. Shane M. Gates, Plaintiff-Appellant v. Richard Swartz, Judge; Nicholas F. Noriea, Jr., Assistant District Attorney; Marie-Elise Prieto, Clerk of Court-St. Tammany; Jeff Landry, Louisiana Attorney General; Ronald Gracianette, Assistant District Attorney; Kathy Sherwood, Captain; Kathryn Landry; Rodney Strain, St. Tammany Parish Sheriff Office Sheriff, also known as Jack Strain; St. Paul Fire & Marine Insurance Company; Walter P. Reed, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 22, 2018.


Attorney(s) appearing for the Case

John Alford Hollister , Mandeville, LA, for Plaintiff-Appellant.

Chadwick William Collings, Esq. , Thomas Stephen Schneidau, Esq. , Milling Benson Woodward, L.L.P., Mandeville, LA, for Defendants-Appellees RODNEY JACK STRAIN, Sheriff, NATHAN MILLER, Sheriff Deputy, ROGER GOTTARDI, Sheriff Deputy, KATHY SHERWOOD, Captain, BRIAN WILLIAMS, Sheriff Deputy.

Cary Joseph Menard , Assistant District Attorney, District Attorney's Office, Covington, LA, Ralph Shipley Whalen, Jr., Esq. , New Orleans, LA, for Defendant-Appellee WALTER P. REED, District Attorney.

Cary Joseph Menard , Assistant District Attorney, District Attorney's Office, Covington, LA, for Defendants-Appellees NICHOLAS F. NORIEA, JR., RONALD GRACIANETTE, Assistant District Attorneys, and KATHRYN LANDRY.

Richard T. Simmons, Jr. , Attorney, Halley, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, LA, for Defendant-Appellee CHARLES M. HUGHES, JR., Attorney.

Lawrence E. Abbott, Esq. , Cotten, Schmidt & Abbott, L.L.P., New Orleans, LA, for Defendant-Appellee PHILIP DUIETT, Lacombe Nurse.

David Glen Sanders , Assistant Attorney General, Louisiana Department of Justice, Baton Rouge, LA, for Defendant-Appellee RICHARD SWARTZ, Judge.

Thomas Herbert Huval , Jones Fussell, L.L.P., Covington, LA, for Defendant-Appellee MARIE-ELISE PRIETO, Clerk of Court-St. Tammany.

William Hector Howard, III , Alissa Jean Allison, Esq. , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Defendant-Appellee ST. PAUL FIRE & MARINE INSURANCE COMPANY.

Before KING, ELROD, and HIGGINSON, Circuit Judges.


Shane Gates was arrested by the St. Tammany Parish Sheriff's Office in 2006. In 2007, he filed this action under 42 U.S.C. § 1983 alleging that the arresting officers used excessive force and that he was being prosecuted in bad faith. The case has been stayed since 2008 pending the resolution of the underlying...

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