Tracey L. JOHNSON; David James, Jr., Plaintiffs-Appellants v. CITY OF SHELBY, MISSISSIPPI; Harold Billings, Defendants-Appellees, 588 F. App'x 371

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES PER CURIAM: Following the law of this circuit, we previously affirmed the district court’s grant of

summary judgment for the City of Shelby on plaintiffs’ Fourteenth Amendment due process claims on the ground that plaintiffs failed to invoke 42 U.S.C. § 1983. Johnson v. City of Shelby, Miss., 743 F.3d 59, 62 (5th Cir.2013). The Supreme Court granted a writ of certiorari and reversed our judgment, holding that a plaintiff need not expressly invoke

Section 1983 to state a claim under the statute. Johnson v. City of Shelby, Miss., 574 U.S. -, 135 S.Ct. 346, 190 L.Ed.2d 309 (2014). Accordingly, we VACATE the district court’s judgment and REMAND the case to the district court for further proceedings consistent with the Supreme Court’s opinion. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.