SYLVIA GONZALEZ v. EDWARD TREVINO II JOHN SIEMENS ALEXANDER WRIGHT (2024)

United States Court of Appeals, Fifth Circuit.

SYLVIA GONZALEZ, Plaintiff—Appellee, v. EDWARD TREVINO, II, Mayor of Castle Hills, sued in his individual capacity; JOHN SIEMENS, Chief of the Castle Hills Police Department, sued in his individual capacity; ALEXANDER WRIGHT, sued in his individual capacity, Defendants—Appellants.

No. 21-50276

Decided: August 02, 2024

Before BARKSDALE, ENGELHARDT, and OLDHAM, Circuit Judges.

In Gonzales v. Trevino, 602 U.S. ---, 144 S. Ct. 1663 (2024), the Supreme Court vacated the panel majority's reversal of the District Court's denial of a motion to dismiss and remanded “for the lower courts to assess whether Gonzalez's evidence suffices to satisfy the Nieves exception.” Id. at 1668. Accordingly, we REMAND this case to the District Court for further proceedings consistent with the Supreme Court's opinion.

PER CURIAM:

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