Flint Electric v. Whitworth

68 F.3d 1309

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 15, 1995
• Docket: 94-9199
• Status: Published

Opinion

United States Court of Appeals,

Eleventh Circuit.

Nos. 94-9199, 94-9227.

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,

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,

March 19, 1996.

Appeals from the United States District Court for the Northern District of Georgia (No. 1:90-CV-1550-HTW); Horace T. Ward, Senior District Judge.

Before BARKETT, Circuit Judge, and HENDERSON and CLARK, Senior Circuit Judges. CORRECTED OPINION

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.