Spikes v. McVea ( 2021 )


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  • Case: 19-30019         Document: 00516013553            Page: 1      Date Filed: 09/14/2021
    United States Court of Appeals
    for the Fifth Circuit
    United States Court of Appeals
    Fifth Circuit
    FILED
    September 14, 2021
    No. 19-30019                               Lyle W. Cayce
    Clerk
    Larce Spikes,
    Plaintiff—Appellee,
    versus
    Casey McVea, Doctor; Lesley Wheat, Nurse; Paula
    Stringer, Nurse; Wendy Seal, Nurse; R. Bowman, Nurse,
    Defendants—Appellants.
    Appeal from the United States District Court
    for the Eastern District of Louisiana
    USDC No. 2:17-CV-8164
    Before Higginbotham, Smith, and Dennis, Circuit Judges.
    Per Curiam:
    Treating the petition for rehearing en banc as a petition for panel
    rehearing, 1 the petition for panel rehearing is GRANTED. In this suit under
    the Eighth Amendment against Dr. McVea and prison nurses working at his
    direction, the recent death of the doctor 2 makes it all the more important that
    1
    5th Cir. R. 35 I.O.P.
    2
    The Suggestion of Death was filed with this Court on August 20, 2021, after the
    filing of the panel opinion.
    Case: 19-30019         Document: 00516013553              Page: 2       Date Filed: 09/14/2021
    No. 19-30019
    the inquiry of qualified immunity not rest on the collective action of the
    medical staff, but on the role of each participant. 3 Accordingly, we GRANT
    the petition for rehearing, VACATE the judgment below, and REMAND
    this case to the district court for further proceedings.
    3
    See Taylor v. Riojas, 
    141 S. Ct. 52
    , 54 (2020); Dyer v. Houston, 
    964 F.3d 374
    , 382
    n.6 (5th Cir. 2020) (noting that, for qualified immunity, the Court must assess each
    officer’s individual conduct).
    2
    

Document Info

Docket Number: 19-30019

Filed Date: 9/14/2021

Precedential Status: Precedential

Modified Date: 9/15/2021