LYDIA KAY ONISHEA; RENEE BROWN; CARRIE WHITE; ARTHUR HOWARD; ARION DAVIS, ET AL., PLAINTIFFS-APPELLANTS,
v.
JOE S. HOPPER, COMMISSIONER OF THE ALABAMA DEPARTMENT OF CORRECTIONS; SHIRLIE LOBMILLER, WARDEN OF THE JULIA TUTWILER PRISON FOR WOMEN; STEVE DEES, WARDEN OF THE LIMESTONE CORRECTIONAL FACILITY; LYNN HARRELSON, WARDEN OF THE KILBY PRISON; CORRECTIONAL HEALTH CARE, INC., HEALTH CARE PROVIDER OF THE ALABAMA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS-APPELLEES, STEWART M. HUGHEY; ADAM LAMAR ROBINSON; CHUCK STOUDEMIRE, INTERVENING DEFENDANTS-APPELLEES

11th Cir. | 1998-01-23
No. 96-6213
Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.
133 F.3d 1377 Court of Appeals for the Eleventh Circuit (1998) Positive Treatment
Cited by 4 cases

Opinion of the Court
BY THE COURT:

(Opinion November 4, 1997, 11th Cir., 126 F. 3d 1323). Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on the suggestion of rehearing en bane 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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  • United States v. Martin, 455 F.3d 1227 (11th Cir. 2006)
    …actice is to direct a specific judge to reassign a case. That judge has been the chief judge, where the chief judge was not the original judge in the case. See, e.g., Onishea v. Hopper, 126 F. 3d 1323, 1343 (11th Cir.1997), vacated on other grounds, 133 F. 3d 1377 (11th Cir. 1998); Chudasama v. Mazda Motor Corp., 123 F. 3d 1353, 1374 (11th Cir.1997); United States v. Remillong, 55 F. 3d 572, 577 (11th Cir.1995); Clark v. Coats & Clark, Inc., 990 F. 2d 1217, 1230 (11th Cir.1993); United States v. Spears, 827 F…
  • Onishea v. Hopper, 171 F.3d 1289 (11th Cir. 1999)
    …to integrate each program would individually overburden the entire prison system. A panel of this court agreed with the plaintiffs on most issues. See Onishea v. Hopper, 126 F. 3d 1323 (11th Cir.1997). The en banc court vacated the panel opinion, 133 F. 3d 1377 (11th Cir.1998), and now revisits the case with new briefing. The plaintiffs’ contentions remain essentially the same and are addressed in turn below. These arguments present issues of law and mixed issues of law and fact; both are reviewed de novo,…

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