The district court granted a motion to dismiss based on our opinion that was subsequently vacated by this court sitting en banc. We VACATE and REMAND for reconsideration.

In concluding that the plaintiff failed to state a claim upon which relief could be granted, the district court relied on our opinion in Frame v. City of Arlington, 616 F.3d 476 (5th Cir. 2010). After the district court entered judgment, that opinion was vacated as a result of the grant of a petition for rehearing en banc. Frame v. City of Arlington, 632 F.3d 177 (5th Cir. 2011). The court sitting en banc reached conclusions that were contrary to those in the 2010 panel opinion on which the district court relied. Frame v. City of Arlington, 657 F.3d 215 (5th Cir. 2011) (en banc).

We remand to permit the district court to reconsider its ruling on the defendant’s motion to dismiss in light of our en banc opinion in Frame.

VACATED and REMANDED.