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BAILEY v. ILES

No. 22-30509.

78 F.4th 801 (2023)

Waylon BAILEY, Plaintiff-Appellant, v. Randell ILES, in his individual capacity; Mark Wood, in his official capacity as Sheriff, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 25, 2023.

Attorney(s) appearing for the Case

Benjamin Field , Caroline Grace Brothers , Institute for Justice, Arlington, VA, Garret Scott DeReus , Bizer & DeReus, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Harry Bradford Calvit, Esq. , Provosty Sadler & deLaunay, Alexandria, LA, for Defendants-Appellees.

Eugene Volokh , UCLA School of Law, Los Angeles, CA, for Amici Curiae Rodney Smolla, Clay Calvert, Eugene Volokh.

Corbin Barthold , TechFreedom, Washington, DC, for Amici Curiae TechFreedom, Electronic Frontier Foundation.

Thomas Arthur Berry , Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Darpana Sheth, Esq. , Foundation for Individual Rights and Expression, Philadelphia, PA, for Amicus Curiae Foundation for Individual Rights and Expression.

Nora Ahmed , American Civil Liberties Union Of Louisiana, New Orleans, LA, for Amicus Curiae American Civil Liberties Union of Louisiana.

Before Higginbotham, Graves, and Douglas, Circuit Judges.

Waylon Bailey filed suit under 42 U.S.C. § 1983 alleging violations of his First and Fourth Amendment rights when he was arrested as a terrorist for a post on Facebook. The district court granted Detective Randall Iles and Sheriff Mark Wood's motion for summary judgment on qualified immunity grounds and dismissed...

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