FLINT ELECTRIC MEMBERSHIP CORPORATION, PLAINTIFF-APPELLEE,
v.
BOBBY WHITWORTH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DEPARTMENT OF CORRECTIONS COMMISSIONER, CLYDE STOVALL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ASSISTANT COMMISSIONER OF DEPARTMENT OF CORRECTIONS, DEFENDANTS-APPELLANTS, GEORGIA POWER COMPANY, DEFENDANT; PATAULA ELECTRIC MEMBERSHIP CORPORATION, PLAINTIFF-APPELLEE, V. BOBBY WHITWORTH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DEPARTMENT OF CORRECTIONS COMMISSIONER, CLYDE STOVALL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ASSISTANT COMMISSIONER OF DEPARTMENT OF CORRECTIONS, DAVID C. EVANS, INDIVIDUALLY, DEFENDANTS-APPELLANTS, GEORGIA POWER COMPANY, DEFENDANT
FLINT ELECTRIC MEMBERSHIP CORPORATION, PLAINTIFF-APPELLEE,
BOBBY WHITWORTH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DEPARTMENT OF CORRECTIONS COMMISSIONER, CLYDE STOVALL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ASSISTANT COMMISSIONER OF DEPARTMENT OF CORRECTIONS, DEFENDANTS-APPELLANTS, GEORGIA POWER COMPANY, DEFENDANT; PATAULA ELECTRIC MEMBERSHIP CORPORATION, PLAINTIFF-APPELLEE, V. BOBBY WHITWORTH, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS DEPARTMENT OF CORRECTIONS COMMISSIONER, CLYDE STOVALL, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ASSISTANT COMMISSIONER OF DEPARTMENT OF CORRECTIONS, DAVID C. EVANS, INDIVIDUALLY, DEFENDANTS-APPELLANTS, GEORGIA POWER COMPANY, DEFENDANT
77 F.3d 1321
Court of Appeals for the Eleventh Circuit (1996)
Caution
Cited by 12 cases
Opinion of the Court
PER CURIAM: Our earlier opinion, reported at 68 F. 3d 1309, is hereby modified by withdrawing the third sentence of the first full paragraph on page 1313, which states “It has also become evident, in light of McKinney, that the EMCs’ procedural due process claims are not ripe for review[,]” and substituting in its place the following: It has also become evident, in light of McKinney, that the EMCs failed to state a procedural due process claim. The judgment of the court and the remainder of the opinion are unchanged and remain in full force and effect.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Horton v. Bd. OF Cnty. Comm'rs OF Flagler Cnty., 202 F.3d 1297 (11th Cir. 2000)…ithdrawn on rehearing, however, and the Flint panel substituted for it the following one: “It has also become evident, in light of McKinney, that the EMCs failed to state a procedural due process claim.” Flint Electric Membership Corp. v. Whitworth, 77 F. 3d 1321 (11th Cir.1996) (on rehearing). In other words, like the district court in this case, the Flint panel initially misread McKinney as a ripeness decision, but the panel corrected that mistake on rehearing and modified its opinion to indicate that Mc…
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Riley v. Larue T. Camp, 130 F.3d 958 (11th Cir. 1997)…n be abrogated by the state. Again, McKinney was about state-created property rights and does not control the constitutionally-based claim involved here. See Flint Elec. Membership Corp. v. Whitworth, 68 F. 3d 1309, 1313 (11th Cir.1995), modified by 77 F. 3d 1321 (11th Cir.1996) ("In McKinney v. Pate ... the court held that § 1983 substantive due process claims arising from nonlegislative deprivations of state-created property interests are no longer cognizable in this circuit.”) (emphasis added) (citation o…1 / 3
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Gainer v. City of Winter Haven, 170 F. Supp. 2d 1225 (M.D. Fla. 2001)….2d 1334, 1338 (M.D.Fla.1998); see also Horton v. Board of County Commissioners of Flagler County, 202 F.3d 1297, 1301 (11th Cir. 2000); Flint Electric Membership Corp. v. Whitworth, 68 F.3d 1309, 1313 (11th Cir.1995), cm rehearing 77 F.3d 1321 (11th *1234 Cir.1996); Stewart v. Town of Zolfo Springs, 1997 WL 689448, *2 (M.D.Fla.1997). Furthermore, the Eleventh Circuit has made it patently clear that, for the reasons discussed in McKinney, district courts lack subject matter jur…
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- Flint Elec. Membership Corp. v. Whitworth, 68 F.3d 1309 (11th Cir. 1995)