McKinney v. Pate

Decision Date17 June 1993
Docket NumberNo. 91-3416,91-3416
Citation994 F.2d 772
PartiesMillard McKINNEY, Plaintiff-Appellant, v. John PATE, individually and in his official capacity as Commissioner of the Osceola County Board of Commissioners, Jack Shannin, individually and in his official capacity as Development Dept. Director of Osceola County, and the Osceola County Board of Commissioners, Collectively, Defendants-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Thomas J. Pilacek, Longwood, FL, for plaintiff-appellant.

Lewis E. Shelley, Tallahassee, FL, for defendants-appellees.

Appeal from the United States District Court for the Middle District of Florida

(No. 89-836-CIV-ORL-19), L. Clure Morton, Judge, Sitting by Designation.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion March 17, 1993, 11th Cir., 1993, 985 F.2d 1502)

Before TJOFLAT, Chief Judge, FAY, KRAVTICH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion for 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.

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2 cases
  • McKinney v. Pate
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 5 Mayo 1994
    ...specially concurring). The full court ordered the case reheard en banc and consequently vacated the panel's opinion. McKinney v. Pate, 994 F.2d 772, 773 (11th Cir.1993). II. A. The Due Process Clause of the Fourteenth Amendment provides "nor shall any State deprive any person of life, liber......
  • Hunter v. City of Warner Robins, Ga.
    • United States
    • U.S. District Court — Middle District of Georgia
    • 4 Febrero 1994
    ...Circuit Court of Appeals vacated the decision in McKinney and ordered that the case be reheard by the court en banc. McKinney v. Pate, 994 F.2d 772, 773 (11th Cir.1993). Apparently, the basis for the rehearing is to address the issues raised by Chief Judge Tjoflat in his concurrence to the ......
1 books & journal articles
  • Constitutional Civil Law - Albert Sidney Johnson
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 46-4, June 1995
    • Invalid date
    ...1989). 229. Id. 230. Hearn v. City of Gainesville, 688 F.2d 1328, 1332 (11th Cir. 1982). 231. 985 F.2d 1502 (11th Cir.) opinion vacated, 994 F.2d 772 (11th Cir. 1993) ("McKinney i"). 232. McKinney v. Pate, 20 F.3d 1550 (11th Cir. 1994). 233. See Johnson, supra note 67, at 1238. 234. Bonner ......

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