HALE v. KING

No. 07-60997.

642 F.3d 492 (2011)

John Ashley HALE, Plaintiff-Appellant, v. Ronald KING, Superintendent of Southern Mississippi Correctional Institution; Margaret Bingham, Superintendent of Southern Mississippi Correctional Institution; Christopher Epps, Commissioner of Mississippi Department of Corrections; Mike Hatten, Health Service Administrator of Wexford for Southern Mississippi Correctional Institution; John Doe, Physician at Southern Mississippi Correctional Institution; Doctor Zandu, Psychiatrist at Central Mississippi Correctional Facility; Doctor Patrick Arnold, Physician for Correctional Medical Services at Southern Mississippi Correctional Institution; Doctor Williams, Psychiatrist of Correctional Medical Services for Southern Mississippi Correctional Institution; Doctor Trinca, Physician for Wexford at Southern Mississippi Correctional Institution; Miriam Moulds, Kitchen Supervisor at Southern Mississippi Correctional Institution; John Doe 2, Chief Executive Officer of Correctional Medical Services for Mississippi Department of Corrections; John Doe 3, Chief Executive Officer of Wexford at Southern Mississippi Correctional Institution for Mississippi Department of Corrections; Doctor McCleave; Doctor Woodall; Wexford Health Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 26, 2011.


Attorney(s) appearing for the Case

Jeffrey Scott Levinger (argued) (Court-Appointed), Hankinson Levinger, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Sasha M. Samberg-Champion , App. Section, Antitrust Div., Diana Katherine Flynn , Civil Rights Div.—App. Section, Dirk Christian Phillips , Civil Rights Div., U.S. Dept. of Justice, Washington, DC, for Intervenor.

Pelicia E. Hall , Sp. Asst. Atty. Gen. (argued), Charles Baron Irvin , Jackson, MS, for Defendants-Appellees King, Epps, Hatten and Bingham.

Katie Lofton Wallace , Brunini, Grantham, Grower & Hewes, P.L.L.C., Jackson, MS, Defendant-Appellee Arnold.

Joseph A. O'Connell, III , Vardaman Kimball Smith, III , Bryan Nelson, P.A., Hattiesburg, MS, for Defendants-Appellees Trinca, McCleave, Woodall and Wexford Health Services.

Robert Lawson Holladay, Sr. , Townsend, McWilliams & Holladay, L.L.P., Drew, MS, for Defendants-Appellee Moulds.

Before JOLLY, SMITH and OWEN, Circuit Judges.


PER CURIAM:

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 (FED. R. APP. P. and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. We GRANT the petition for panel rehearing filed by intervenor the United States and, without hearing oral argument, withdraw our prior opinion, Hale v. King, 624 F.3d 178 (5th Cir.2010) (per curiam...

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