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Thompson v. Connick

Citations: 641 F.3d 133; 2011 WL 1814426Docket: 07-30443

Court: Court of Appeals for the Fifth Circuit; May 13, 2011; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of John Thompson v. Harry F. Connick et al., the United States Court of Appeals for the Fifth Circuit addressed an appeal following a Supreme Court remand. The appellate court, sitting en banc, affirmed the district court's judgment by an equally divided vote, referencing an earlier decision (Thompson v. Connick, 578 F.3d 293 (5th Cir. 2009)). However, the Supreme Court subsequently reversed this affirmation in Connick v. Thompson, 131 S. Ct. 1350 (2011), leading to the remand of the case to the district court for the entry of judgment in favor of the appellants. The judges involved in the en banc decision included a full panel of circuit judges, with Judges Dennis and Graves not participating.

Legal Issues Addressed

Appellate Procedure on Supreme Court Remand

Application: The appellate court reviewed the case en banc following a remand from the Supreme Court and affirmed the district court's judgment by an equally divided vote.

Reasoning: The appellate court, sitting en banc, affirmed the district court's judgment by an equally divided vote, referencing an earlier decision (Thompson v. Connick, 578 F.3d 293 (5th Cir. 2009)).

Effect of Supreme Court Reversal

Application: The Supreme Court's reversal of the appellate court's decision necessitated a remand to the district court for entry of judgment in favor of the appellants.

Reasoning: However, the Supreme Court subsequently reversed this affirmation in Connick v. Thompson, 131 S. Ct. 1350 (2011), leading to the remand of the case to the district court for the entry of judgment in favor of the appellants.

Judicial Participation in En Banc Decisions

Application: The en banc decision included participation from a full panel of circuit judges, except for Judges Dennis and Graves, who did not participate.

Reasoning: The judges involved in the en banc decision included a full panel of circuit judges, with Judges Dennis and Graves not participating.