Lewis v. City of Union City, 15-11362

Decision Date28 June 2018
Docket NumberNo. 15-11362,15-11362
Citation893 F.3d 1352 (Mem)
Parties Jacqueline LEWIS, Plaintiff-Appellant, v. CITY OF UNION CITY, GEORGIA, Chief of Police Charles Odom, in his official and individual capacities, Defendant-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Cheryl Barnes Legare, Legare, Attwood & Wolfe, LLC, Two Decatur Town Center, DECATUR, GA, Brian J. Sutherland, Buckley Beal, LLP, ATLANTA, GA, for Plaintiff-Appellant.

Sharon P. Morgan, Tracy Lynn Glanton, Elarbee Thompson Sapp & Wilson, LLP, ATLANTA, GA, for Defendant-Appellees.

Before ED CARNES, Chief Judge, TJOFLAT, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, and BRANCH, Circuit Judges:

BY THE COURT:

A petition for rehearing en banc having been filed, a member of this Court in active service having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor of granting rehearing en banc, it is ORDERED that this case will be reheard en banc. The panel’s opinion is VACATED.

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9 cases
  • Lewis v. City of Union City
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 21 Marzo 2019
    ...Lewis v. City of Union City , 877 F.3d 1000, 1004 (11th Cir. 2017), reh’g en banc granted, opinion vacated , Lewis v. City of Union City , 893 F.3d 1352 (11th Cir. 2018). In particular, the panel determined that McClure and Heard were valid comparators for purposes of assessing Lewis’s prim......
  • Lewis v. City of Union City
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 15 Agosto 2019
    ...weapon that deploys an electric shock that temporarily disables a subject through neuromuscular incapacitation.4 Lewis v. City of Union City , 893 F.3d 1352 (11th Cir. 2018).5 Lewis v. City of Union City , 918 F.3d 1213, 1220 (11th Cir. 2019).6 Id. at 1218. The Court held also that the anal......
  • Mesa v. City of San Antonio, Civil Action No. SA-17-CV-654-XR
    • United States
    • U.S. District Court — Western District of Texas
    • 16 Agosto 2018
    ...the employee as disabled. Lewis v. City of Union City, 877 F.3d 1000, 1012 (11th Cir. 2017), vacated on motion for reh'g en banc, 893 F.3d 1352 (2018). The ADA is clear that an individual meets the requirement of being regarded as having an impairment if he establishes that he has been subj......
  • Waite v. Bd. of Trs. of the Univ. of Ala.
    • United States
    • U.S. District Court — Northern District of Alabama
    • 2 Noviembre 2018
    ...2011)); see also Lewis v. City of Union City, Ga., 877 F.3d 1000, 1018 (11th Cir. 2017), opinion vacated, reh'g en banc granted, 893 F.3d 1352 (11th Cir. 2018); Moore v. Pool Corp., 304 F. Supp. 3d 1148, 1162 (N.D. Ala. 2018); Hale v. University of Ala. Bd. of Trustees, 2018 WL 4215595, at ......
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