Howell v. Evans, 89-8455
| Citation | 931 F.2d 711 |
| Decision Date | 29 April 1991 |
| Docket Number | No. 89-8455,89-8455 |
| Parties | Willa Dean HOWELL, individually and as administratrix of the estate of Van Howell, Lisa Howell, through her natural guardian and next friend Willa Dean Howell, and Lori Miller, Plaintiffs-Appellees, v. David C. EVANS, Etc., Commissioner, Dept. of Corrections, et al., Defendants, Edward M. Mendoza, M.D., Correctional Medical Systems, Inc. and Charles Burden, individually and as Superintendent of Augusta Correctional and Medical Institution, Defendants-Appellants. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
William P. Tinkler, Jr., Decatur, Ga., for Mendoza.
William B. Hill, Jr., Deputy Atty. Gen., Daryl A. Robinson, Cathy A. Cox, John C. Jones, Senior Asst. Atty. Gen., Atlanta, Ga., for Burden.
J. Vincent Cook, Cook, Noell, Tolley & Aldridge, Athens, Ga., Patrick T. Beall, Watkinsville, Ga., for plaintiffs-appellees.
On Appeal from the United States District Court for the Southern District of Georgia; Dudley H. Bowen, Jr., Judge.
Before KRAVITCH and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.
Appellees' motion to withdraw the petition for rehearing and suggestion for rehearing en banc is GRANTED. As the case has settled, the opinion at 922 F.2d 712 is vacated, the judgment of the district court is vacated and the case is remanded to the district court with direction that the case be dismissed.
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... ... at 2462. The district court also cited the Eleventh Circuit cases Waldrop v. Evans, 871 F.2d 1030 (11th Cir.1989), and Greason v. Kemp, 891 F.2d 829 (11th Cir.1990), for the ... In Howell v. Evans, 922 F.2d 712, 722-23 (11th Cir.1991), vacated as moot, 931 F.2d 711 (11th Cir.1991), ... ...
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PRISON MEDICAL DEATHS AND QUALIFIED IMMUNITY.
...Anderson v. Creighton, 483 U.S. 635,640(1987)). (107) Howell v. Evans, 922 F.2d 712, 719 (11th Cir. 1991), vacated pursuant to settlement, 931 F.2d 711 (11th Cir. 1991), opinion reinstated sub nom. Howell v. Burden, 12 F.3d 190 (11th Cir. (108) See, e.g., Roe v. Elyea, 631 F.3d 843, 858 (7t......