Legal Opinion

Errol Houston, Jr. v. New Orleans City

Court of Appeals for the Fifth Circuit

Decided May 22, 2012No. 11-30198PublishedCited by 6 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

Before BARKSDALE, GARZA and ELROD, Circuit Judges. PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is GRANTED. We withdraw our prior opinion, Houston v. City of New Orleans, 675 F.3d 441 (5th Cir.2012), and substitute the following.

In this action under, inter alia, 42 U.S.C. § 1983, Errol Houston, Jr., claims defendants violated his Fourteenth Amendment rights (to keep and bear arms, incorporated from Second Amendment, and to due process) by retaining his lawfully-seized firearm after the…

2Cases cited2 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. Errol Houston, Jr. v. New Orleans CityCourt of Appeals for the Fifth Circuit · 2012

3Cited by6 opinions

  1. Krysta Sutterfield v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 2014
  2. Eugene Frein v. Pennsylvania State PoliceCourt of Appeals for the Third Circuit · 2022
  3. National Rifle Ass'n v. Bureau of Alcohol, Tobacco, Firearms, & ExplosivesCourt of Appeals for the Fifth Circuit · 2013
  4. Mance v. SessionsCourt of Appeals for the Fifth Circuit · 2018
  5. Krysta Sutterfield v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 2014

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