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REHBERG v. PAULK

No. 09-11897.

611 F.3d 828 (2010)

Charles A. REHBERG, Plaintiff-Appellee, v. James P. PAULK, in his individual capacity, Kenneth B. Hodges, III, in his individual capacity and in his official capacity as District Attorney of Dougherty County Kelly R. Burke, in his individual capacity, Defendants-Appellants, Dougherty County, Defendant.

United States Court of Appeals, Eleventh Circuit.

July 16, 2010.

Attorney(s) appearing for the Case

John Custer Jones, Marietta, GA, Michelle J. Hirsch, Devon Orland, State of GA Dept. of Law, Atlanta, GA, for Appellants.

Cindy A. Cohn, Kevin Bankston, Jennifer Granick, Kurt Bradford Opsahl, Electronic Frontier Found., San Francisco, CA, Bryan A. Vroon, Atlanta, GA, for Rehberg.

Paul K. Ohm, University of Colorado Law School, Boulder, CO, Ralph O. Scoccimaro, Brown & Scoccimaro, P.C., Albany, GA, for Amicus Curiae.

Before CARNES, HULL and ANDERSON, Circuit Judges.

HULL, Circuit Judge:

Upon consideration of Plaintiff-Appellee's petition for rehearing and to the extent it seeks panel rehearing, we vacate the prior opinion in this case, issued on March 11, 2010 and published at 598 F.3d 1268 (11th Cir.2010), and substitute the following opinion in its place. Plaintiff-Appellee's petition for panel rehearing is granted in part and denied in part.

In this § 1983 action, Plaintiff Charles Rehberg sued former District...

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