Evans v. City of Zebulon, 351 F.3d. 485 (Fed. 11th Cir. 3/31/2004)
Decision Date | 31 March 2004 |
Docket Number | No. 02-16424.,02-16424. |
Citation | 351 F.3d. 485 |
Parties | Peter 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. |
Court | U.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.
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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...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......