Wilson v. Midland County

92 F.4th 1150

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 14, 2024
• Docket: 22-50998
• Status: Published

Opinion

United States Court of Appeals for the Fifth Circuit ___________ United States Court of Appeals Fifth Circuit

FILED No. 22-50998 February 14, 2024 ___________ Lyle W. Cayce Clerk Erma Wilson,

Plaintiff—Appellant,

versus

Midland County, Texas; Weldon (Ralph) Petty, Jr., sued in his individual capacity; Albert Schorre, Jr., sued in his individual capacity,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CV-85 ______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion December 14, 2023, 5 Cir., 2023, 89 F.4th 446)

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas and Ramirez, Circuit Judges. No. 22-50998

Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated December 14, 2023, is VACATED.