Opinion
22-1688
03-21-2024
CALISIA KELLEY; JOHNNIE MAE KELLEY, Co-Administrators of the Estate of Bruce Kelley Jr., deceased, Appellants v. BRIAN O'MALLEY, both in his Official and Individual Capacities as Sergeant for the Allegheny County Port Authority; DOMINIC RIVOTTI, both in his Official and Individual Capacities as Officer for the Allegheny County Port Authority
Noah Geary, esq. Gregory A. Evashavik, Esq. Nicholas J. Evashavik, Esq.
NOT PRECEDENTIAL
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 2:17-cv-01599) District Judge: Honorable Nora Barry Fischer
Noah Geary, esq. Gregory A. Evashavik, Esq. Nicholas J. Evashavik, Esq.
BEFORE: CHAGARES, Chief Judge, JORDAN, HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY- REEVES, CHUNG, and FISHER, Circuit Judges [*]
ORDER
Paul B. Matey, Circuit Judge
The petition for rehearing filed by Appellants in the above-captioned matter having been submitted to the judges who participated in the decision of this Court and to all other available circuit judges of the Court in regular active service, it is hereby ORDERED that the petition for rehearing by the panel is GRANTED and the petition for rehearing en banc is DENIED.
The Court has amended the opinion to correct a minor factual issue. The Clerk is directed to vacate the opinion entered on December 22, 2023, and file the amended opinion contemporaneously with this Order. As the changes do not affect the judgment, the judgment will remain as filed.
[*] The Honorable D. Michael Fisher's vote is limited to panel rehearing only.