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GOMEZ v. GALMAN

No. 20-30508.

18 F.4th 769 (2021)

Jorge GOMEZ, Plaintiff-Appellant, v. John GALMAN; Spencer Sutton; City of New Orleans, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED November 18, 2021.

Attorney(s) appearing for the Case

Diana L. Fitzgerald , David C. Isaacson , Fitzgerald & Isaacson, L.L.P., Miami, FL, Jarrett Adams , Law Offices Of Jarrett Adams, P.L.L.C., New York, NY, Sean Thomas McLaughlin , Bradley Joseph Schlotterer , Kean Miller, L.L.P., New Orleans, LA, for Plaintiff-Appellant.

John Galman, Maitland, FL, Pro Se.

Leonard L. Levenson , Christian Wayne Helmke, Esq. , Leonard L. Levenson & Associates, New Orleans, LA, for Defendant-Appellee Spencer Sutton.

Corwin M. St. Raymond , City of New Orleans, Law Department, Churita H. Hansell, Esq. , City Attorney's Office for the City of New Orleans, New Orleans, LA, for Defendant-Appellee City of New Orleans.

Before STEWART, HO, and ENGELHARDT, Circuit Judges.

While sitting at his local bar, Jorge Gomez was harassed and later beaten unconscious by two off-duty New Orleans police officers. Gomez sued, and the district court dismissed Gomez's federal claims because it found that the officers were not acting under color of law. But because Gomez has alleged...

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