From Casetext: Smarter Legal Research

Hill v. Hebert

United States Court of Appeals, Fifth Circuit
Aug 11, 2010
389 F. App'x 414 (5th Cir. 2010)

Opinion

No. 09-30301 Summary Calendar.

August 11, 2010.

James Patrick McManus, Lafayette, LA, for Plaintiffs-Appellants.

Kenneth Michael Henke, Esq., Patrick B. Mclntire, Oats Hudson, Lafayette, LA, George Orvis Luce, Oats Hudson, Baton Rouge, LA, for Defendants-Appellees.

Appeal from the United States District Court for the Western District of Louisiana.

Before JOLLY, WIENER, and ELROD, Circuit Judges.


The numerous Plaintiffs-Appellants who appeal the dismissal with prejudice of their First and Fourth Amendments claims, and the dismissal without prejudice of their state law claims, were among the members of a large and unruly crowd in New Iberia, Louisiana, that was dispersed by Iberia Parish (Louisiana) deputy sheriffs who used crowd-dispersant gas canisters after their oral orders proved ineffectual. Plaintiffs-Appellants contend that the district court improvidently granted the summary judgment motions of Defendants-Appellees grounded in qualified immunity and dismissed this action.

We have reviewed the record on appeal and the applicable law as revealed by the briefs of the parties and our independent research, as a result of which we are convinced that the rulings of the district court, based in large measure on the March 10, 2009 Report and Recommendation of the magistrate judge, correctly disposed of this action. Satisfied that the patient and exhaustive analysis of the case confected by the magistrate judge in his Report and Recommendation reached the correct result for the correct reasons, and thus supports the orders and judgment of the district court, we affirm all rulings from which Plaintiffs-Appellants have appealed, including the above-said judgments of dismissal.

AFFIRMED.


Summaries of

Hill v. Hebert

United States Court of Appeals, Fifth Circuit
Aug 11, 2010
389 F. App'x 414 (5th Cir. 2010)
Case details for

Hill v. Hebert

Case Details

Full title:Cheryl HILL; Ruth Hill; James Walker; Vivian St. Julien; Joseph Houston…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 11, 2010

Citations

389 F. App'x 414 (5th Cir. 2010)

Citing Cases

Young v. Akal

Hill was affirmed by the Fifth Circuit, which expressly approved the analysis of the magistrate judge. See…