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 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.
FOOTNOTES
1
. 5th Cir. R. 35 I.O.P.
2
. The Suggestion of Death was filed with this Court on August 20, 2021, after the filing of the panel opinion.
3
. See Taylor v. Riojas, ––– U.S. ––––, 141 S. Ct. 52, 54, 208 L.Ed.2d 164 (2020); Dyer v. Houston, 964 F.3d 374, 382 n.6 (5th Cir. 2020) (noting that, for qualified immunity, the Court must assess each officers individual conduct). Per Curiam: