This case concerns a sexually violent predator (“SVP”) who alleges
that he was unlawfully searched and subsequently detained because he was
in an unauthorized relationship with his supervisor and chaperone. There are
numerous claims here—both personal and official capacity claims—which
we analyze separately. We reverse and remand, however, because of
procedural errors in the district court’s order, and we direct the district court
to consider the merits of all remaining claims, including any properly raised
defenses based on qualified immunity.
Read the entire ruling by clicking the link below:
BELOW IS THE LAST TWO PAGES OF THE CASE.
May 11, 2021
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Regarding: Fifth Circuit Statement on Petitions for Rehearing or Rehearing En Banc
No. 19-50411 Hitt v. McLane
USDC No. 1:17-CV-289
Enclosed is a copy of the court’s decision. The court has entered judgment under Fed. R. App. P. 36. (However, the opinion may yet contain typographical or printing errors which are subject to correction.)
Fed. R. App. P. 39 through 41, and 5th Cir. R. 35, 39, and 41 govern costs, rehearings, and mandates. 5th Cir. R. 35 and 40 require you to attach to your petition for panel rehearing or rehearing en banc an unmarked copy of the court’s opinion or order.
Please read carefully the Internal Operating Procedures (IOP’s) following Fed. R. App. P. 40 and 5th Cir. R. 35 for a discussion of when a rehearing may be appropriate, the legal standards applied and sanctions which may be imposed if you make a nonmeritorious petition for rehearing en banc.
Direct Criminal Appeals. 5th Cir. R. 41 provides that a motion for a stay of mandate under Fed. R. App. P. 41 will not be granted simply upon request. The petition must set forth good cause for a stay or clearly demonstrate that a substantial question will be
presented to the Supreme Court. Otherwise, this court may deny the motion and issue the mandate immediately. Pro Se Cases. If you were unsuccessful in the district court and/or on appeal, and are considering filing a petition for certiorari in the United States Supreme Court, you do not need to file a motion for stay of mandate under Fed. R. App. P. 41. The issuance of the mandate does not affect the time, or your right, to file with the Supreme Court.
Court Appointed Counsel. Court appointed counsel is responsible for filing petition(s) for rehearing(s) (panel and/or en banc) and writ(s) of certiorari to the U.S. Supreme Court, unless relieved of your obligation by court order. If it is your intention to
file a motion to withdraw as counsel, you should notify your client promptly, and advise them of the time limits for filing for rehearing and certiorari. Additionally, you MUST confirm that this information was given to your client, within the body of your
motion to withdraw as counsel.
LYLE W. CAYCE, Clerk
Whitney M. Jett, Deputy Clerk
Ms. Courtney Brooke Corbello
Ms. Kirti Datla
Mr. Adam Fellows
Mr. Timothy J. Flocos
Mr. Anthony J. Nelson
Mr. Patrick Todd Pope