SMITH v. MCKESSON (2018)

United States Court of Appeals, Fifth Circuit.

John Doe SMITH, Officer, Through his Curator, John Doe Jones, Plaintiff – Appellant, v. Deray MCKESSON; Black Lives Matter; Johnetta Elzie; Black Lives Matter Network, Incorporated; #BlackLivesMatter; Alicia Garza; Patrisse Cullors; Opal Tometi, Defendants – Appellees.

No. 17-30908

Decided: August 15, 2018

Before JOLLY, ELROD, and WILLETT, Circuit Judges.

Donna Unkel Grodner, Esq., Grodner & Associates, A.P.L.C., Baton Rouge, LA, for Plaintiff-Appellant William P. Gibbens, Esq., Schonekas, Evans, McGoey & McEachin, L.L.C., New Orleans, LA, for Defendants-Appellees

Officer John Doe Smith brought this lawsuit after someone shot and injured him and other officers in an ambush. The shooter is not a defendant in this case. The defendants here are Black Lives Matter and several of its partners and leaders, whom Smith alleges are liable for the injuries he sustained. According to Smith, the shooter “followed and mimicked” a Black Lives Matter activist. The district court dismissed the case for failure to state a plausible claim for relief. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). After consideration of the complaint, district court opinion, briefs, and applicable law in this matter, we conclude that no reversible error occurred. See Fed. R. Civ. P. 8(a)(2). The district court’s judgment is AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM: * FN* Pursuant to Fifth Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4.

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