Thomas Martin Malina and Mrs. Thomas Martin Malina v. Judge Douglas Gonzales

1 F.3d 304, 1993 U.S. App. LEXIS 21874, 1993 WL 323170

Opinions

PER CURIAM:

The petition for rehearing is DENIED.

In their petition for rehearing, the plaintiffs point out that the court has erred in saying that Malina was told to appear in court the next day. The plaintiffs correctly show that the Second Amended Complaint alleges that Malina was told to appear in the judge’s office the next day. We hereby correct the opinion in this regard. This does not alter our analysis or the result, however. As our opinion states, one of the four factors from McAlester v. Brown, 469 F.2d 1280, 1282 (5th Cir.1972), is whether the acts occurred in the courtroom or appropriate adjunct spaces such as the judge’s chambers.