EMILIO M. GARZA, Circuit Judge:
Treating the Suggestion for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. No member of the panel nor Judge in regular active service of the Court having requested that the Court be polled on rehearing en banc (FRAP and Local Rule 35), the Suggestion for Rehearing En Banc is DENIED. However, in the interest of clarity, we withdraw our prior opinion, Houston v. Lafayette County,
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