Kinney v. Weaver, No. 00-40557.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtThe Court
Citation338 F.3d 432
Docket NumberNo. 00-40557.
Decision Date09 July 2003
PartiesDean KINNEY; David Hall, Plaintiffs-Appellees, v. Bobby WEAVER, Etc.; et al., Defendants, J.B. Smith, Smith County Sheriff; Smith County Texas; W.A. "Bill" Young, Tyler Police Chief; City of Tyler, Texas; East Texas Police Chief's Association; Bobby Weaver, Gregg County Sheriff; Bob Green, Harrison County Sheriff; Gregg County Texas; Harrison County Texas Ronnie Moore, Kilgore Director of Public Safety; Charles "Chuck" Williams, City of Marshall Police Chief; Ted Gibson, Nacogdoches Police Chief; City of Kilgore, Texas; City of Marshall, Texas; City of Nacogdoches, Texas, Defendants-Appellants.
338 F.3d 432
Dean KINNEY; David Hall, Plaintiffs-Appellees,
v.
Bobby WEAVER, Etc.; et al., Defendants,
J.B. Smith, Smith County Sheriff; Smith County Texas; W.A. "Bill" Young, Tyler Police Chief; City of Tyler, Texas; East Texas Police Chief's Association; Bobby Weaver, Gregg County Sheriff; Bob Green, Harrison County Sheriff; Gregg County Texas; Harrison County Texas Ronnie Moore, Kilgore Director of Public Safety; Charles "Chuck" Williams, City of Marshall Police Chief; Ted Gibson, Nacogdoches Police Chief; City of Kilgore, Texas; City of Marshall, Texas; City of Nacogdoches, Texas, Defendants-Appellants.
No. 00-40557.
United States Court of Appeals, Fifth Circuit.
July 9, 2003.

Curtis B. Stuckey, Alex Arthur Castetter, Stuckey, Garrigan & Castetter, Nacogdoches, TX, Leslie Stephen Mendelsohn, Les Mendelsohn & Associates, San Antonio, TX, for Plaintiffs-Appellees.

Gregory Duane Smith, Herschel Tracy Crawford, Ramey & Flock, Tyler TX, for Defendants-Appellants.

Appeal from the United States District Court for the Eastern District of Texas; Howell Cobb, Judge.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion July 31, 2002, 5th Cir., 2002, 301 F.3d 253)

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit Judges.

Page 433

BY THE COURT:


A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

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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2 practice notes
  • Kinney v. Weaver, No. 00-40557.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 15, 2004
    ...of this court affirmed in part and reversed in part. Kinney v. Weaver, 301 F.3d 253 (5th Cir.2002), vacated and reh'g en banc granted, 338 F.3d 432 (5th Cir.2003). On rehearing en banc, we now AFFIRM the district court's order denying the officials' claim of immunity from the § 1985 claim, ......
  • Seifert v. Unified Gov't of Wyandotte Cnty. & Kan. City, Case No.11-2327-JTM
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • January 8, 2016
    ...the plaintiff cites Kinney without noting that the decision of the three judge panel was subsequently vacated by the Fifth Circuit, 338 F.3d 432 (5th Cir. 2003). Its later decision en banc does not directly address qualifications for an expert to testify regarding a code of silence. 367 F.3......
2 cases
  • Kinney v. Weaver, No. 00-40557.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 15, 2004
    ...of this court affirmed in part and reversed in part. Kinney v. Weaver, 301 F.3d 253 (5th Cir.2002), vacated and reh'g en banc granted, 338 F.3d 432 (5th Cir.2003). On rehearing en banc, we now AFFIRM the district court's order denying the officials' claim of immunity from the § 1985 claim, ......
  • Seifert v. Unified Gov't of Wyandotte Cnty. & Kan. City, Case No.11-2327-JTM
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • January 8, 2016
    ...the plaintiff cites Kinney without noting that the decision of the three judge panel was subsequently vacated by the Fifth Circuit, 338 F.3d 432 (5th Cir. 2003). Its later decision en banc does not directly address qualifications for an expert to testify regarding a code of silence. 367 F.3......

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