Case: 19-30019 Document: 00516013553 Page: 1 Date Filed: 09/14/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 14, 2021 No. 19-30019 Lyle W. Cayce Clerk Larce Spikes, Plaintiff—Appellee, versus Casey McVea, Doctor; Lesley Wheat, Nurse; Paula Stringer, Nurse; Wendy Seal, Nurse; R. Bowman, Nurse, Defendants—Appellants.

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:17-CV-8164

Before Higginbotham, Smith, and Dennis, Circuit Judges.

Per Curiam: Treating the petition for rehearing en banc as a petition for panel rehearing, 1 the petition for panel rehearing is GRANTED. In this suit under the Eighth Amendment against Dr. McVea and prison nurses working at his direction, the recent death of the doctor 2 makes it all the more important that

5th Cir. R. 35 I.O.P. The Suggestion of Death was filed with this Court on August 20, 2021, after the filing of the panel opinion.

Case: 19-30019 Document: 00516013553 Page: 2 Date Filed: 09/14/2021 No. 19-30019

the inquiry of qualified immunity not rest on the collective action of the medical staff, but on the role of each participant. 3 Accordingly, we GRANT the petition for rehearing, VACATE the judgment below, and REMAND this case to the district court for further proceedings.

See Taylor v. Riojas, 141 S. Ct. 52, 54 (2020); Dyer v. Houston, 964 F.3d 374, 382 n.6 (5th Cir. 2020) (noting that, for qualified immunity, the Court must assess each officer’s individual conduct).