No. 22-30509.

87 F.4th 275 (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 November 21, 2023.

Attorney(s) appearing for the Case

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

Harry Bradford Calvit, Esq. (argued), Provosty Sadler & deLaunay, Alexandria, LA, Deborah Ann Pearce , Law Offices of Deborah Pearce, New Orleans, LA, Walter Rimmer Woodruff, Jr. , Chehardy Sherman Williams Recile & Hayes, L.L.P., Metairie, LA, for Defendants-Appellees.

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

Eugene Volokh, Los Angeles, CA, Pro Se.

Corbin Berthold , 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 & Expression, Philadelphia, PA, for Amicus Curiae Foundation for Individual Rights and Expression.

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

Before Higginbotham, Graves, and Douglas, Circuit Judges.


Treating the petition for rehearing en banc as a petition for panel rehearing (5TH CIR. R. 35 I.O.P.), the petition for panel rehearing is DENIED. Because no member of the panel or judge in regular active service requested that the court be polled on rehearing en banc (FED...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases