A federal appeals court has withdrawn an opinion after a judge on the panel had a rare change of heart over whether a police officer can hold a Black Lives Matter organizer liable for injuries he suffered when a protester threw a rock at his face.

Judge Don Willett originally sided with two of his colleagues on the U.S. Court of Appeals for the Fifth Circuit in August in rejecting Black Lives Matter organizer DeRay Mckesson’s argument that the First Amendment protected him from the officer’s claims. The officer, identified as John Doe, claimed Mckesson was at fault for inciting the violence, failing to calm the crowd, and leading protesters that blocked a highway.

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