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MAGEE v. REED

No. 17-30353.

912 F.3d 820 (2019)

Roger D. MAGEE, Plaintiff-Appellant, v. Walter P. REED, in his official capacity as District Attorney for Washington Parish; Walter P. Reed, in his personal capacity; Jerry Wayne Cox, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 8, 2019.

Attorney(s) appearing for the Case

Philip Jeremy Kaplan, Esq. , Los Angeles, CA, Randall Alan Smith , Smith & Fawer, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Richard T. Simmons, Jr. , Attorney, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, LA, Cary Joseph Menard , Assistant District Attorney, District Attorney's Office for the 22nd JDC-State of Louisiana, Covington, LA, for Walter P. Reed.

James Stephen Knight , Knight Law Office, L.L.C., Franklinton, LA, for Jerry Wayne Cox.

Before STEWART, Chief Judge, DENNIS, and WILLETT, Circuit Judges.

Roger D. Magee appeals the dismissal of his wrongful imprisonment, free speech retaliation, and procedural due process claims against Walter P. Reed (District Attorney for Washington Parish, Louisiana) and Jerry Wayne Cox (a minister in Franklinton, Louisiana). We conclude that the district court erred by (1) relying on Heck v. Humphrey...

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