Thompson v. Connick

Full title: John THOMPSON, Plaintiff-Appellee, v. Harry F. CONNICK, in His Official…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 18, 2011

426 F. App'x 247 (5th Cir. 2011)

Opinion

No. 10-30035.

May 18, 2011.

Michael L. Banks, Esq., J. Gordon Cooney, Jr., Esq., Managing Senior Counsel, Morgan, Lewis Bockius, L.L.P., Philadelphia, PA, Robert S. Glass, Esq., Glass Reed, Carol A. Kolinchak, Juvenile Justice Project of Louisiana, Nicholas Joseph Trenticosta, New Orleans, LA, for Plaintiff-Appellee.

Fred L. Herman, Esq., Law Offices of Fred L. Herman, Donna Rau Andrieu, Assistant District Attorney, District Attorney's Office, New Orleans, LA, for Defendants-Appellants.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:03-CV-2045.

Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

The defendants challenge an award of supplemental attorney's fees and costs. In Connick v. Thompson, ___ U.S. ___, 131 S.Ct. 1350, 179 L.Ed.2d 417 (2011), the Court reversed this court's affirmance, see Thompson v. Connick, 578 F.3d 293 (5th Cir. 2009) (en banc) (per curiam) (affirming by equally divided court), of the district court's award of damages and fees. The parties have submitted letter briefs, on request, and agree that the award of supplemental fees should be reversed. This court has now remanded the underlying action for entry of judgment. See Thompson v. Connick, ___ F.3d ___, 2011 U.S.App. LEXIS 9758 (5th Cir. May 13, 2011) (en banc) (per curiam).

The award of supplemental fees and costs is therefore REVERSED, and this matter is REMANDED for further proceedings, if any, that may be required.