Case: 19-30019 Document: 00516013553 Page: 1 Date Filed: 09/14/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
September 14, 2021
No. 19-30019 Lyle W. Cayce
Clerk
Larce Spikes,
Plaintiff—Appellee,
versus
Casey McVea, Doctor; Lesley Wheat, Nurse; Paula
Stringer, Nurse; Wendy Seal, Nurse; R. Bowman, Nurse,
Defendants—Appellants.
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:17-CV-8164
Before Higginbotham, Smith, and Dennis, Circuit Judges.
Per Curiam:
Treating the petition for rehearing en banc as a petition for panel
rehearing, 1 the petition for panel rehearing is GRANTED. In this suit under
the Eighth Amendment against Dr. McVea and prison nurses working at his
direction, the recent death of the doctor 2 makes it all the more important that
1
5th Cir. R. 35 I.O.P.
2
The Suggestion of Death was filed with this Court on August 20, 2021, after the
filing of the panel opinion.
Case: 19-30019 Document: 00516013553 Page: 2 Date Filed: 09/14/2021
No. 19-30019
the inquiry of qualified immunity not rest on the collective action of the
medical staff, but on the role of each participant. 3 Accordingly, we GRANT
the petition for rehearing, VACATE the judgment below, and REMAND
this case to the district court for further proceedings.
3
See Taylor v. Riojas,
