Zavala v. City of Houston TX

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 28, 1999
• Docket: 98-20870
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

________________________

No. 98-20870 ________________________

PAULINO ZAVALA,

Plaintiff-Appellant,

versus

CITY OF HOUSTON, TEXAS,

Defendant-Appellee.

- - - - - - - - - - - - Appeal from the Untied States District Court for the Southern District of Texas (H-97-CV-3098) - - - - - - - - - - - -

September 14, 1999

ON PETITION FOR REHEARING

Before JOLLY and SMITH, Circuit Judges, and SARAH S. VANCE,* District Judge.

PER CURIAM:

We treat counsel’s letter of September 14, 1999, as a petition

for rehearing. The panel opinion contains two minor errors on

pages 2 and 4. The panel erroneously confused Officer Zavala’s

disciplinary case number (96-1832), with his personnel number

(84155). Thus, the panel was in error on page 2 of its opinion in

* United States District Judge, Eastern District of Louisiana, sitting by designation. stating: “Thus, the City argues that because he can disclose no

information concerning his suspension in case number 84155,. . .”

and on page 4 of its opinion in stating: “A straightforward reading

of the writings in this case leads to a conclusion that each

agreement is limited to a specific waiver of Officer Zavala’s right

to appeal his twenty calendar day disciplinary suspension in a

specific case, number 84155.” In both respects, the opinion should

have referred to number 96-1832 instead of 84155. In this respect,

we amend the panel opinion to reflect these changes.

In all other respects, the petition for rehearing is

D E N I E D.