Legal Opinion

Roger Magee v. Walter Reed

Court of Appeals for the Fifth Circuit

Decided January 8, 2019No. 17-30353PublishedCited by 50 opinions

1Per curiam

Roger D. Magee appeals the dismissal of his wrongful imprisonment, free speech retaliation, and procedural due process claims against Walter P. Reed (District Attorney for Washington Parish, Louisiana) and Jerry Wayne Cox (a minister in Franklinton, Louisiana). We conclude that the district court erred by (1) relying on Heck v. Humphrey , 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), to dismiss Magee's wrongful imprisonment and free speech retaliation claims, and (2) resolving a genuine dispute of material fact at the summary judgment stage to dismiss Magee's due process claim.…

2Cases cited7 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Alexander Edionwe v. Guy BaileyCourt of Appeals for the Fifth Circuit · 2017
  4. Johnson v. JohnsonCourt of Appeals for the Fifth Circuit · 2004
  5. Randi Hyatt v. Callahan CountyCourt of Appeals for the Fifth Circuit · 2016

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3Cited by50 opinions

  1. Buehler v. DearCourt of Appeals for the Fifth Circuit · 2022
  2. Cherry Knoll, L.L.C. v. HDR Engineering, IncorporaCourt of Appeals for the Fifth Circuit · 2019
  3. Palmquist v. Hain Celestial GroupCourt of Appeals for the Fifth Circuit · 2024
  4. Jessica Singleton v. Elephant Insurance ComCourt of Appeals for the Fifth Circuit · 2020
  5. Cody v. Allstate Fire and Cslty Ins CoCourt of Appeals for the Fifth Circuit · 2021

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