Evans v. City of Zebulon, 351 F.3d. 485 (Fed. 11th Cir. 3/31/2004)

Decision Date31 March 2004
Docket NumberNo. 02-16424.,02-16424.
Citation351 F.3d. 485
PartiesPeter Evans, Detree Jordan, Plaintiffs-Appellees, v. City of Zebulon, GA, Robert Loomis, individually and in his official capacity as Police Chief of the City of Zebulon, GA, Defendants, Denis Stephens, Defendant-Appellant.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeal from the United States District Court for the Northern District of Georgia.

Richard A. Carothers, Thomas M. Mitchell, Carothers & Mitchell, LLC, Buford, GA, for Stephens.

Dovre Christian Jensen, Law Office of Chris Jensen, Norman J. Slawsky, Jacobs & Slawsky, P.A., Clark E. Gulley, Atlanta, GA, Thomas F. Richardson, Norman Carter Pearson, III, Chambless, Higdon & Carson, Macon, GA, Laurel E. Henderson, Laurel E. Henderson, P.C., Decatur, GA, for Plaintiffs-Appellees.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

BY THE COURT:

A member of this Court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc.

IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

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1 cases
  • Black v. May
    • United States
    • U.S. District Court — Northern District of Alabama
    • September 6, 2013
    ...do not pose a serious risk to the prisoner's health or safety under the Eighth or Fourteenth Amendment." Evans v. City of Zebulon, GA, 351 F.3d 485, 495-96 (11th Cir. 2003), vacated on other grounds, 364 F.3d 1298 (11th Cir. 2004); see also Edwards v. Gilbert, 867 F.2d 1271, 1274, n.1 (11th......

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