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SPIKES v. McVEA

No. 19-30019.

12 F.4th 833 (2021)

Larce SPIKES, Plaintiff-Appellee, v. Casey McVEA, Doctor; Lesley Wheat, Nurse; Paula Stringer, Nurse; Wendy Seal, Nurse; R. Bowman, Nurse, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED September 14, 2021.

Attorney(s) appearing for the Case

Elizabeth Cumming , Hannah Lommers-Johnson , Roderick & Solange MacArthur Justice Center, New Orleans, LA, for Plaintiff-Appellee.

Andre' Charles Castaing , Louisiana Department of Justice, Litigation Division, Baton Rouge, LA, William David Coffey , Assistant Attorney General, Louisiana Department of Justice, Litigation Division, Angela Jacketti O'Brien , Office of the Attorney General for the State of Louisiana, New Orleans, LA, for Defendants-Appellants.

Before Higginbotham, Smith, and Dennis, Circuit Judges.

Treating the petition for rehearing en banc as a petition for panel rehearing,1 the petition for panel rehearing is GRANTED. In this suit under the Eighth Amendment against Dr. McVea and prison nurses working at his direction, the recent death of the doctor2 makes it all the more important...

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