Opinion
No. 21-10133
10-12-2022
Felesia HAMILTON; Tashara Caldwell; Brenda Johnson; Arrisha Knight; Jamesina Robinson; Debbie Stoxstell; Felicia Smith; Tameka Anderson-Jackson; Tammy Island, Plaintiffs—Appellants, v. DALLAS COUNTY, doing business as Dallas County Sheriff's Department, Defendant—Appellee.
Jay D. Ellwanger, Ellwanger Law, L.L.L.P., Austin, TX, Madeline Meth, Georgetown Law Appellate Courts Immersion Clinic, Washington, DC, Brian Wolfman, Georgetown Law Appellate Courts Immersion Clinic, Washington, DC, for Plaintiffs—Appellants. Jason G. Schuette, Esq., Assistant District Attorney, District Attorney's Office for the County of Dallas - Civil Division, Dallas, TX, for Defendant—Appellee. Carolyn L. Wheeler, Katz Banks Kumin, L.L.P., Washington, DC, for Amici Curiae National Womens Law Center, American Civil Liberties Union, American Civil Liberties Union Foundation of Texas, A Better Balance, and Atlanta Women for Equality. Kyle Cedric Campbell, American Federation of State, County and Municipal Employees, Office of the General Counsel, Washington, DC, for Amici Curiae American Federation of State, County and Municipal Employees, American Federation of State, County and Municipal Employees, Texas Correctional Employees Council, and American Federation of State, County and Municipal Employees, Council 17. Anna Marks Baldwin, Bonnie Ilene Robin-Vergeer, Senior Attorney, U.S. Department of Justice Civil Rights Division, Appellate Section, Washington, DC, for Amicus Curiae United States of America.
Jay D. Ellwanger, Ellwanger Law, L.L.L.P., Austin, TX, Madeline Meth, Georgetown Law Appellate Courts Immersion Clinic, Washington, DC, Brian Wolfman, Georgetown Law Appellate Courts Immersion Clinic, Washington, DC, for Plaintiffs—Appellants.
Jason G. Schuette, Esq., Assistant District Attorney, District Attorney's Office for the County of Dallas - Civil Division, Dallas, TX, for Defendant—Appellee.
Carolyn L. Wheeler, Katz Banks Kumin, L.L.P., Washington, DC, for Amici Curiae National Womens Law Center, American Civil Liberties Union, American Civil Liberties Union Foundation of Texas, A Better Balance, and Atlanta Women for Equality.
Kyle Cedric Campbell, American Federation of State, County and Municipal Employees, Office of the General Counsel, Washington, DC, for Amici Curiae American Federation of State, County and Municipal Employees, American Federation of State, County and Municipal Employees, Texas Correctional Employees Council, and American Federation of State, County and Municipal Employees, Council 17.
Anna Marks Baldwin, Bonnie Ilene Robin-Vergeer, Senior Attorney, U.S. Department of Justice Civil Rights Division, Appellate Section, Washington, DC, for Amicus Curiae United States of America.
Before Richman, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.
Per Curiam:
A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated August 3, 2022, is VACATED.