CLARISSA GILMORE
v.
GEORGIA DEPARTMENT OF CORRECTIONS
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This is an order vacating a panel opinion in a civil rights case brought by Clarissa Gilmore against Georgia Department of Corrections officials. The Eleventh Circuit granted a petition for rehearing en banc after a judge requested a poll on whether the appeal should be reheard by the full court.
The court granted the petition for rehearing en banc and vacated the panel's opinion, ordering that the appeal will be reheard by the full court.
“A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this appeal should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted in favor of granting rehearing en banc, IT IS ORDERED that this appeal will be reheard en banc.”
The court's order granting rehearing en banc and establishing the procedural basis for vacating the panel opinion.
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Join FLexlaw to unlock all legal intelligenceClarissa Gilmore filed suit against the Georgia Department of Corrections, its Commissioner, and various prison officials including Alberta W. Milton,…
The full statement of facts, procedural history, and disposition for this case are member content.
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BY THE COURT:
A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this appeal should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted in favor of granting rehearing en banc, IT IS ORDERED that this appeal will be reheard en banc. The panel's opinion is VACATED.
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Clarissa Gilmore v. Ga. Dep't of Corr. (11th Cir. 2025)…nerally agreed with Judge Rosen- baum's concern and wrote to set out some "oddities" in qualified immunity jurisprudence. See id. at 1138–41 (Newsom, J., concur- ring). We voted to rehear the case as a full court, see Gilmore v. Ga. Dept. of Corr., 119 F.4th 839 (11th Cir. 2024) (en banc), and asked the parties to brief two issues: 1. Whether Marsh v. Butler County, 268 F.3d 1014, 1032 n.10 (11th Cir. 2001) (en banc), and Thomas ex rel. Thomas v. Roberts, 323 F.3d 950, 955 (11th Cir. 2003), should be over-…1 / 2