IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 10, 2008
No. 07-31018 Charles R. Fulbruge III
Clerk
JAMES ALLEN TERRY, JR.
Plaintiff-Appellee
v.
CORNEL H. HUBERT, Warden of Elayn Hunt Correctional Center
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges.
PER CURIAM:*
We AFFIRM the district court’s ruling and REMAND for further
proceedings, including discovery, responsive to Hubert’s claims to qualified
immunity.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.