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FRAZIER v. ALEXANDRE

No. 06-14462.

555 F.3d 1292 (2009)

Cameron FRAZIER, through his mother and next friend, Christine Frazier, Plaintiff-Appellee, v. Cynthia ALEXANDRE, individually, et al., Defendants, John Winn, in his official capacity as Commissioner of the Florida Department of Education, F. Philip Handy, in his official capacity as Chairman of the Florida State Board of Education, Donna Callaway, T. Willard Fair, Roberto Martinez, Phoebe Raulerson, Linda Taylor, Kathleen Shanahan, in their official capacities as members of the Florida State Board of Education, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 26, 2009.

Attorney(s) appearing for the Case

Daniel J. Woodring, Woodring Law Firm, Scott Douglas Makar, Timothy David Osterhaus, Tallahassee, FL, for Defendants-Appellants.

Randall C. Marshall, American Civil Liberties Union of Florida, Inc., Miami, FL, James K. Green, James K. Green, P.A., West Palm Beach, FL, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

ORDER:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Petition for Rehearing En Banc is DENIED.

BARKETT, Circuit Judge, dissenting from the denial of rehearing en banc:

An en banc rehearing is...

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