Summary
The United States Court of Appeals for the Fifth Circuit denied panel rehearing in an appeal involving Richard Hershey and the City of Bossier City and related defendants. Judge Ho dissented, stating that he would have granted rehearing to allow briefing on qualified-immunity issues.
Court
United States Court of Appeals for the Fifth Circuit
Writing for the Court
Per Curiam; Dennis; Richman; Ho
Jurisdiction
United States Court of Appeals for the Fifth Circuit
Decision date
January 13, 2026
Docket number
21-30754
Procedural posture
Order denying panel rehearing in a civil-rights appeal.
Precedential value
Published order
Parties
Richard Hershey v. City of Bossier City, Bobby Gilbert, individually and in his capacity as Deputy Marshal, Daniel Stoll, David Smith, Tyshon Harvey, Eugene Tucker
Disposition
other
Topics
appellate procedurequalified immunitycivil rights
Practice areas
appellate procedurecivil rightsqualified immunity
Questions Presented
- Whether panel rehearing should be granted.
Key quotations
“I would have granted panel rehearing, and taken the en banc dissental at its word, regarding its sudden and profoundly surprising change of heart on qualified immunity.” (2)
“But I’m now reminded that “dissents . . . carry no legal force.”” (2)
“So whatever assurances Hershey thought he was getting, it turns out that “comments in a dissenting opinion about legal principles and precedents are just that: comments in a dissenting opinion.”” (2)
“The judiciary possesses neither the sword nor the purse. All we have is our word.” (2)
Factual background
The order contains no substantive factual findings concerning the underlying civil-rights dispute. The dissent references qualified-immunity issues that Hershey had sought an opportunity to brief.
Procedural history
Richard Hershey appealed from the United States District Court for the Western District of Louisiana. After the appellate proceedings, he sought panel rehearing, which the panel denied.
Court Document
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