Cannon v. Macon County, 92-6200

Decision Date07 March 1994
Docket NumberNo. 92-6200,92-6200
Citation15 F.3d 1022
PartiesMary CANNON, Plaintiff-Appellant, v. MACON COUNTY, a political subdivision of the State of Alabama; Robin Collins; Elbert Dawson, Mike Knowles, individually, and Macon County, a political subdivision of the State of Alabama, Defendants-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeal from the United States District Court for the Middle District of Alabama (No. CV90-V-01132-E), Robert E. Varner, Judge.

ON PETITIONS FOR REHEARING

(Opinion Sept. 17, 1993, 11th Cir., 1 F.3d 1558)

Before ANDERSON, Circuit Judge, FAY * and RONEY, Senior Circuit Judges.

PER CURIAM:

Upon consideration of petitions for rehearing filed by Plaintiff/Appellant Mary Cannon and Defendant/Appellee Robin Collins, the Court orders that its opinion be modified in the following manner:

The third and fourth sentences of the last paragraph beginning on 1 F.3d at 1564 through page 1565 are deleted and in their place are inserted the following quoted language from Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987):

The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful ...; but it is to say that in light of preexisting law the unlawfulness must be apparent.

483 U.S. at 640, 107 S.Ct. at 3039 (citation omitted; emphasis added by this Court).

Because the panel believes the opinion is correct in all other respects, the petitions for rehearing are denied.

* See Rue 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit.

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  • Fleming v. Dowdell
    • United States
    • U.S. District Court — Middle District of Alabama
    • March 29, 2005
    ...knew it was wrongful states claim under § 1983 for due process violation), modification on rehearing on other grounds, 15 F.3d 1022 (11th Cir. 1994) (per curiam); Sanders v. English, 950 F.2d 1152 (5th Cir.1992) (failure to release after officer knew or should have known that plaintiff had ......
  • Davis v. State
    • United States
    • Nebraska Supreme Court
    • October 6, 2017
    ...v. Hall, 375 F.3d 703 (8th Cir. 2004) ; Cannon v. Macon County, 1 F.3d 1558 (11th Cir. 1993), modified on denial of rehearing 15 F.3d 1022 (11th Cir. 1994).121 See Scott v. Baldwin, 720 F.3d 1034, 1036 (8th Cir. 2013).122 See, e.g., Davis , supra note 120, Cannon , supra note 120; Sanders v......
  • Lyttle v. United States
    • United States
    • U.S. District Court — Middle District of Georgia
    • March 31, 2012
    ...known that the detainee was entitled to release.” Cannon v. Macon Cnty., 1 F.3d 1558, 1563 (11th Cir.1993), modified on other grounds,15 F.3d 1022 (1994).13 The Court finds that whether the violation is asserted under the Fourth Amendment or the Fifth Amendment, the law was clear at the tim......
  • Sosa v. Martin Cnty.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • January 20, 2023
    ...opinion, we correctly recognized such a claim in Cannon v. Macon Cty. , 1 F.3d 1558 (11th Cir. 1993), as modified on rehearing , 15 F.3d 1022 (11th Cir. 1994), and Ortega v. Christian , 85 F.3d 1521, 1526 (11th Cir. 1996). And so have a number of our sister circuits. See generally 1 Sheldon......
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