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Fifth Circuit kicks First Amendment suit to state court

NEW ORLEANS — The Fifth Circuit upheld dismissal of a pastor’s suit alleging that the governor of Louisiana and law enforcement officials violated his First Amendment rights by enforcing an order banning church services during the Covid-19 pandemic. Qualified immunity warrants dismissal of some claims, but the question of whether the Louisiana Constitution protects citizens from limits on crowd sizes is “deserving of a state court adjudication.”

Read the ruling here.

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