HARRY PEOPLES, PETITIONER-APPELLANT,
v.
GEORGE BOWEN, ET AL., RESPONDENTS-APPELLEES

11th Cir. | 1987-03-05
No. 85-7047
Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges .
812 F.2d 1339 Court of Appeals for the Eleventh Circuit (1987) Positive Treatment
Cited by 2 cases
Opinion of the Court

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges of 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 with oral argument during the week of June 8, 1987, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel’s opinion is hereby VACATED.

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  • Zinermon v. Burch, 494 U.S. 113 (U.S. 1990)
    …Eleventh Circuit panel affirmed the dismissal; it, too, relied on Parratt and Hudson. Burch v. Apalachee Community Mental Health Services, Inc., 804 F. 2d 1549 (1986). The Court of Appeals, however, upon its own motion, ordered rehearing en banc. 812 F. 2d 1339 (1987). On that rehearing, the Eleventh Circuit reversed the District Court and remanded the case. 840 F. 2d 797 (1988). Since Burch did not challenge the constitutional adequacy of Florida’s statutory procedure, the court assumed that that proc…
  • Curtis W. Caine, Jr., M.D. v. Hardy, M.D., 905 F.2d 858 (5th Cir. 1990)
    …edural due process because Florida’s post-deprivation tort remedies were adequate. This holding was affirmed by a panel of the Eleventh Circuit. Burch v. Apalachee Community Mental Health Services, Inc., 804 F. 2d 1549, 1551 (11th Cir.1986) vacated, 812 F. 2d 1339 (1987). After en banc rehearing, however, the Eleventh Circuit reversed the district court’s dismissal and held that Burch’s § 1983 claim was not subject to the Parratt/Hudson doctrine. Burch v. Apalachee Community Mental Health Services, Inc., 840…

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