Doe v. Covington County Sch. Dist.

Decision Date26 September 2011
Docket NumberNo. 09–60406.,09–60406.
Citation659 F.3d 358
PartiesJane DOE, A Minor, By and Through Her Next Friends, Daniel MAGEE and Geneva Magee; Daniel Magee, Individually and on Behalf of Jane Doe; Geneva Magee, Individually and on Behalf of Jane Doe, A Minor, Plaintiffs–Appellants,v.COVINGTON COUNTY SCHOOL DISTRICT, By and Through its BOARD OF EDUCATION and its President, Andrew Keys and its Superintendent of Education, I.S. Sanford, Jr.; Covington County Superintendent of Education, I.S. Sanford, Officially and in His Individual Capacity; Covington County Board of Education, By and Through its President, Andrew Keys; Andrew Keys, Officially and in His Individual Capacity; Tommy Keyes; Other Unknown John Doe and Jane Doe Education Defendants A–Z, In Their Official and Individual Capacities, Defendants–Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

OPINION TEXT STARTS HEREChristopher Eugene Fitzgerald (argued), Hendren, Hollingsworth & Fitzgerald, Benjamin Geoffrey Harrison, B. Geoffrey Harrison, P.A., Ocean Springs, MS, for PlaintiffsAppellants.Rick D. Norton, Joseph A. O'Connell, III (argued), William A. Whitehead, Bryan Nelson, P.A., Hattiesburg, MS, for DefendantsAppellees.Appeal from the United States District Court for the Southern District of Mississippi; Keith Starrett, Judge.ON PETITION FOR REHEARING EN BANC (Opinion Aug. 5, 2011, 5th Cir., 2011, 649 F.3d 335)(Revised Opinion Aug. 11, 2011, 5th Cir., 2011, ––– F.3d ––––)(Revised Opinion Aug. 23, 2011, 5th Cir., 2011, ––– F.3d ––––)(Revised Opinion Aug. 29, 2011, 5th Cir., 2011, ––– F.3d ––––)Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES and GRAVES, 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.

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6 cases
  • Jane Doe v. Covington County Sch. Dist.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 23, 2012
    ...Education Defendants sued in their individual capacities. Id. We ordered rehearing en banc. Doe ex rel. Magee v. Covington Cnty. Sch. Dist. ex rel. Bd. of Educ., 659 F.3d 358 (5th Cir.2011). For the reasons set forth herein, we now affirm the judgment of the district court.II. STANDARD OF R......
  • United States v. Lahey
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • August 8, 2013
    ...a supervisor's “control over on-the-job conduct.” See Boy Scouts of Am. v. Graham, 86 F.3d 861, 865–66 (9th Cir.1996)); see also Weaver, 659 F.3d at 358 (explaining that, in Boy Scouts of America, “the Ninth Circuit looked to agency principles in determining whether a volunteer had establis......
  • Doe v. Covington Cnty. Sch. Dist.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 23, 2012
    ...in their individual capacities. Id. We ordered rehearing en banc. Doe ex rel. Magee v. Covington Cnty. Sch. Dist. ex rel. Bd. of Educ., 659 F.3d 358 (5th Cir. 2011). For the reasons set forth herein, we now affirm the judgment of the district court.II. STANDARD OF REVIEW We review a distric......
  • U.S. v. Weaver
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • October 24, 2011
    ...we noted that “[t]he term ‘employ’ has a broad sweep and is expansively used: ‘employ’ means ‘to make use of,’ ‘to use advantageously,’ [659 F.3d 358] ‘to use or engage the services of,’ ‘to provide with a job that pays wages or a salary,’ as well as ‘to devote to or direct toward a particu......
  • Request a trial to view additional results

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