Fragmented Fifth Circuit Partly Revives Religious Pamphlets Suit

Bossier City, La., must again face the First Amendment-based claims of a man who sued the city after being harassed by police and private security officers while handing out religious pamphlets on a public sidewalk.

A split three-judge panel of the US Court of Appeals for the Fifth Circuit on Tuesday revived Richard Hershey’s lawsuit against the city for failing to adequately train the officers but not against the officers themselves, affirming a lower court finding they were shielded by qualified immunity.

Judge James C. Ho, agreeing with Judge Priscilla Richman in affirming the grant of qualified immunity because ...