Coffin v. Brandau

Citation614 F.3d 1240
Decision Date17 August 2010
Docket NumberNo. 08-14538.,08-14538.
PartiesJohn COFFIN, Cynthia Coffin, Plaintiffs-Appellants, v. Stacy BRANDAU, individually, f.k.a. Stacy Ferris, James Lutz, individually, Defendants-Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)

OPINION TEXT STARTS HERE

Yardley Drake Buckman, II, Amiee Ruth Buckman, Buckman & Buckman, P.A., Sarasota, FL, for Plaintiffs-Appellants.

Richard R. Garland, Dickinson & Gibbons, P.A., Nevin Alan Weiner, Nevin & Weiner, P.A., Sarasota, FL, for Defendants-Appellees.

On Appeal from the United States District Court for the Middle District of Florida (No. 07-00835-CV-T-26-TBM); Richard A. Lazzara, Judge.

(Opinion June 22, 2010, 609 F.3d 1204, 11th Cir.2010).

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

BY THE COURT:

A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting 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.

* Senior United States Circuit Judge R. Lanier Anderson has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).

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3 cases
  • Coffin v. Brandau
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • June 3, 2011
    ...were clearly established when this incident occurred, such that the Deputies should be stripped of qualified immunity. Coffin v. Brandau, 614 F.3d 1240 (11th Cir.2010). We hold that although the Deputies' entrance into the garage did violate the Coffins' Fourth Amendment rights, the boundar......
  • State v. Davis, 2010AP2191–CR.
    • United States
    • Wisconsin Court of Appeals
    • April 26, 2011
    ...part of the home itself, thus no need to consider Dunn curtilage factors; citing cases), rehearing en banc granted, opinion vacated, 614 F.3d 1240 (Aug.2010). ¶ 13 While the parties agree the attached garage was curtilage, they propose different standards for determining whether Zahn's entr......
  • USA v. Newman
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • August 17, 2010

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