Michael Kingsley v. Stan Hendrickson

This matter is before the court on remand from the Supreme Court of the United States. On June 22, 2015, the Court vacated our judgment and remanded the ease to us for further proceedings. Pursuant to our Circuit Rule 54, the parties now have submitted statements of their respective positions. For the reasons set forth in this opinion, we now vacate the judgment of the district court and remand this case to the district court for a new trial.

A

We assume familiarity with the decision of the Supreme Court, Kingsley v. Hendrickson, - U.S. -, 135 S.Ct. 2466, 192 L.Ed.2d 416 (2015), and with the…