Johnson v. Governor of State of Fla.

Decision Date20 July 2004
Docket NumberNo. 02-14469.,02-14469.
Citation377 F.3d 1163
PartiesThomas JOHNSON, Derrick Andre Thomas, Eric Robinson, Adam Hernandez, Kathryn Williams-Carpenter, Jau'Dohn Hicks, John Hanes, in their own right and as representatives of all ex-felon citizens of Florida, Plaintiffs-Appellants, Omali Yeshitela, Plaintiff, v. GOVERNOR OF THE STATE OF FLORIDA, Jeb Bush, Secretary of the State of Florida, Katherine Harris, Charlie Crist, Robert Milligan, William Nelson, Robert Crawford, Thomas Gallagher, in their roles as members of the Clemency Board of Florida, Beverly Hill, Alachua County Election Supervisor, et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Jessie Allen, Deborah Goldberg, New York City, for Plaintiffs-Appellants.

Charles J. Cooper, David H. Thompson, Hamish Hume, Derek L. Shaffer, Cooper & Kirk, PLLC, Washington, DC, Robert C. Buschel, Buschel, Carter, Schwartzreich & Yates, Michael David Cirullo, Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, FL, H. Ray Allen, III, Tampa, FL, for Defendants-Appellees.

James J. Benjamin, Jr., Akin, Gump, Strauss, Hauer & Feld, LLP, New York City, for Amicus Curiae, Alpert.

John Russell-Cotes Cosgrove, Menlo Park, CA, for Amicus Curiae, Center for Children of Incarcerated Parents.

Paul A. Engelmayer, Wilmer, Cutler & Pickering, New York City, for Amicus Curiae, Holder.

Charles S. Treat, San Francisco, CA, for Seven Nonprofit Public Interest Organizations.

Mark L. Gross, Clay G. Guthridge, U.S Dept. of Justice, Washington, DC, Nancy Chung, Akin, Gump, Strauss, Hauer & Feld, LLP, New York City, Stacey Michelle Schwartz, Akin, Gump, Strauss, Hauer & Feld, LLP, Fort Lauderdale, FL, for Amici Curiae, U.S.

Appeal from the United States District Court for the Southern District of Florida (No. 00-03542-CV-JLK); James Lawrence King, Judge.

(Opinion Dec. 19, 2003, 353 F.3d 1287, 11th Cir.2003).

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CANES, BARKETT, HULL, WILSON and PRYOR, Circuit Judges*.

BY THE COURT:

A member of this Court in active service having requested a poll on the suggestion of rehearing 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.

* Judge Stanley Marcus has recused himself and will not participate. Judge Phyllis A. Kravitch has elected to...

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3 cases
  • Hayden v. Pataki
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 4, 2006
    ...considerable record of statistical evidence and expert reports presented by plaintiffs in support of their claims), vacated by 377 F.3d 1163 (11th Cir.2004). Here, by contrast, we have no analysis of the disparities in New York's criminal justice system. We have no facts to think about. We ......
  • Johnson v. Governor of State of Florida
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • April 12, 2005
    ...and remanded on both the Equal Protection and VRA claims. Johnson v. Governor of State of Florida, 353 F.3d 1287 (11th Cir.2003), vacated 377 F.3d 1163. This court vacated the panel opinion and granted a rehearing en banc. Johnson, 377 F.3d at 1163-64. We now consider whether the district c......
  • Muntaqim v. Coombe
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 1, 2004
    ...This judgment was recently vacated when the Eleventh Circuit decided to rehear the case en banc. Johnson v. Governor of Florida, 377 F.3d 1163 (11th Cir. July 20, Petitions for certiorari are currently pending before the Supreme Court in this case as well as in Farrakhan. See Muntaqim v. Co......
1 books & journal articles
  • Felon disenfranchisement: law, history, policy, and politics.
    • United States
    • Fordham Urban Law Journal Vol. 32 No. 5, September 2005
    • September 1, 2005
    ...Court cases. Id. (256.) Johnson, 353 F.3d at 1308. (257.) Id. at 1309-14. (258.) Id. at 1314-15. (259.) Johnson v. Governor of Fla., 377 F.3d 1163 (11th Cir. 2004), granting reh'g to and vacating 353 F.3d 1287 (11th Cir. (260.) Farrakhan v. Wash., 125 S. Ct. 477 (2004), denying cert. to 338......

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