WEARRY v. FOSTER

No. 20-30406.

52 F.4th 258 (2022)

Michael WEARRY, Plaintiff-Appellee, v. Paulette H. FOSTER, as the Personal Representative of Appellant Marlon Kearney Foster, for substitution in the place and stead of the Appellant Marlon Kearney Foster, deceased; Scott M. Perrilloux, in his Individual Capacity and in his Official Capacity as District Attorney for the 21st Judicial District of Louisiana; Kearney Matthew Foster, as the Personal Representative of Appellant Marlon Kearney Foster, for substitution in the place and stead of the Appellant Marlon Kearney Foster, deceased; William Aaron Foster, as the Personal Representative of Appellant Marlon Kearney Foster, for substitution in the place and stead of the Appellant Marlon Kearney Foster, deceased; Annette Foster Alford, as the Personal Representative of Appellant Marlon Kearney Foster, for substitution in the place and stead of the Appellant Marlon Kearney Foster, deceased, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED October 27, 2022.


Attorney(s) appearing for the Case

James W. Craig , Eric Andrew Foley , Emily M. Washington , Roderick & Solange MacArthur Justice Center, New Orleans, LA, for Plaintiff-Appellee.

Druit George Gremillion, Jr., Esq. , Attorney, Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, LA, for Defendants-Appellants Paulette H. Foster, Kearney Matthew Foster, William Aaron Foster, Annette Foster Alford.

Christopher M. Moody , Albert David Giraud , Moody Law Firm, Hammond, LA, for Defendant-Appellant Scott M. Perrilloux.

Brianne Jenna Gorod , Elizabeth Wydra , Chief Counsel, Constitutional Accountability Center, Washington, DC, for Amicus Curiae Constitutional Accountability Center.

Jay Remington Schweikert , Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Before King, Dennis, and Ho, Circuit Judges.


Treating the petition for rehearing en banc, as to Appellant, Scott M. Perrilloux, as a petition for panel rehearing (5TH CIR. R. 35 I.O.P.), the petition for panel rehearing is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of rehearing...

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