REVISED IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ___________________ FILED July 26, 2017 No. 12-50217 Lyle W. Cayce ___________________ Clerk JESUS C. HERNANDEZ, Individually and as the surviving father of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez Guereca; MARIA GUADALUPE GUERECA BENTACOUR, Individually and as the surviving mother of Sergio Adrian Hernandez Guereca, and as Successor−in−Interest to the Estate of Sergio Adrian Hernandez, Plaintiffs − Appellants v. JESUS MESA, JR., Defendant − Appellee ____________________ Appeal from the United States District Court for the Western District of Texas, El Paso ____________________ ON REMAND FROM THE UNITED STATES SUPREME COURT (Opinion June 30, 2014, 5 Cir., 2014, 757 F.3d 249) (Opinion on En Banc Rehearing April 24, 2015, 5 Cir., 2015, 785 F.3d 117) Before STEWART, Chief Judge, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON and COSTA, Circuit Judges.

BY THE COURT: IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on September 20, 2017. Briefing instructions will follow in a separate court directive.