Thompson v. Connick

Full title: John THOMPSON, Plaintiff-Appellee, v. Harry F. CONNICK, in his official…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 11, 2009

562 F.3d 711 (5th Cir. 2009)

Opinion

No. 07-30443.

March 11, 2009.

Michael L. Banks, John Gordon Cooney, Jr., Morgan, Lewis Bockius, Philadelphia, PA, Robert Glass, Glass Reed, New Orleans, LA, for Plaintiff-Appellee.

William D. Aaron, Jr., Richard A. Goins, Goins Aaron, PLC, New Orleans, LA, Mark C. Carver, Busch Myers, LLP, New Orleans, LA, for Defendants-Appellants.

Ralph R. Alexis, III, Porteous, Hainkel Johnson, New Orleans, LA, Ellis Pete Adams, Jr., La. Dist. Attys Ass'n, Baton Rouge, LA, for Amicus Curiae.

Appeal from the United States District Court for the Eastern District of Louisiana; Carl J. Barbier, Judge.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion Dec. 19, 2008, 5th Cir., 2008, 553 F.3d 836)

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.¹

1 Judge Dennis is recused and did not participate in this decision.

BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

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.