Summary
The court addresses the remand of Shane Jeansonne’s civil rights action challenging Louisiana laws affecting sex offenders. After the Fifth Circuit vacated an earlier dismissal based on Heck v. Humphrey, the court directs issuance of summons and orders defendant Stephen Dwight to respond, followed by discovery and potential summary-judgment proceedings. The court grants Jeansonne’s motion to the extent it requires Dwight to respond after service.
Holdings
- The action was not Heck-barred, consistent with the Fifth Circuit's prior determination, and any dismissal on remand had to be based on reasons other than Heck.
- The motion was granted to the extent that Stephen Dwight was ordered to respond to the complaint following service.
Questions Presented
- Whether the action should proceed on remand after the Fifth Circuit held that it was not barred by Heck v. Humphrey.
- Whether plaintiff's motion to proceed and order defendant to respond should be granted to the extent necessary to initiate service and further proceedings.
Disposition
other
Cases Cited (2)
- United States v. Jeansonne, Criminal Action No. 1:17-cr-267(cited)
- Heck v. Humphrey, 512 U.S. 477 (1994)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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