Case: 09-30301 Document: 00511200710 Page: 1 Date Filed: 08/11/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 11, 2010
No. 09-30301 Lyle W. Cayce
Summary Calendar Clerk
CHERYL HILL; RUTH HILL; JAMES WALKER; VIVIAN ST. JULIEN;
JOSEPH HOUSTON; ET AL
Plaintiffs-Appellants
v.
SID HEBERT; JEFF MATTHEWS; ANDRUS GONZALES; BRETT
BROUSSARD; LATONYA PERRY; STEPHEN HILL; MATT SMITH; JOSEPH
NISSEN; SCOTT CLOSIO; DARREN BOURQUE; JEFF SCHMIDT; JEREMY
HATLEY; ERIN IRBY
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
Before JOLLY, WIENER, and ELROD, Circuit Judges.
PER CURIAM:*
The numerous Plaintiffs-Appellants who appeal the dismissal with
prejudice of their First and Fourth Amendments claims, and the dismissal
without prejudice of their state law claims, were among the members of a large
and unruly crowd in New Iberia, Louisiana, that was dispersed by Iberia Parish
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 09-30301 Document: 00511200710 Page: 2 Date Filed: 08/11/2010
No. 09-30301
(Louisiana) deputy sheriffs who used crowd-dispersant gas canisters after their
oral orders proved ineffectual. Plaintiffs-Appellants contend that the district
court improvidently granted the summary judgment motions of Defendants-
Appellees grounded in qualified immunity and dismissed this action.
We have reviewed the record on appeal and the applicable law as revealed
by the briefs of the parties and our independent research, as a result of which
we are convinced that the rulings of the district court, based in large measure
on the March 10, 2009 Report and Recommendation of the magistrate judge,
correctly disposed of this action. Satisfied that the patient and exhaustive
analysis of the case confected by the magistrate judge in his Report and
Recommendation reached the correct result for the correct reasons, and thus
supports the orders and judgment of the district court, we affirm all rulings from
which Plaintiffs-Appellants have appealed, including the above-said judgments
of dismissal.
AFFIRMED.
2