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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5 cases
  • Jane Doe v. Covington County Sch. Dist.
    • United States
    • U.S. Court of Appeals — Fifth 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
    • U.S. District Court — Southern District of New York
    • August 8, 2013
    ... ... County of Suffolk, 463 F.3d 167, 179 (2d Cir.2006) (“[P]erfect clarity and ... ...
  • U.S. v. Weaver
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • October 24, 2011
    ... ... Murphy, 35 F.3d 143 (4th Cir.1994), we held that a county prison guard was employed to assist federal agents under 18 U.S.C. 1114 ... ...
  • Estate of Carmichael v. Galbraith
    • United States
    • U.S. District Court — Northern District of Texas
    • January 4, 2012
    ...5.In Doe ex rel. Magee v. Covington County School District ex rel. Board of Education, 649 F.3d 335, reh'g en banc granted, 659 F.3d 358 (5th Cir. 2011) (en banc), a panel of the Fifth Circuit, with one judge dissenting, held in the context of a Rule 12(b)(6) dismissal that the plaintiffs h......
  • Request a trial to view additional results

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