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GIPSON v. JEFFERSON COUNTY SHERIFF'S OFFICE

No. 09-11144.

649 F.3d 1274 (2011)

Sidney GIPSON, William McGuirk, Timothy Guthery, and other similarly situated individuals, James Sasser, Plaintiffs-Appellants, v. JEFFERSON COUNTY SHERIFF'S OFFICE, Mike Hale, Jefferson County Sheriff, in his official capacity, State of Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 19, 2011.

Attorney(s) appearing for the Case

Kira Yalon Fonteneau , The Fonteneau Firm, LLC, Stephen C. Wallace , Dawson & Wallace, LLC, Christy M. Taul , Birmingham, AL, for Plaintiffs-Appellants.

James Edward Murrill, Jr. , Robert R. Riley, Jr. , Keith Jackson, Riley & Jackson, P.C., Tammy Cecile Woolley , Woolley Law Firm, LLC, Birmingham, AL, Peter J. Smyczek , Winfield J. Sinclair , Montgomery, AL, for Defendants-Appellees.

Before EDMONDSON, BARKETT and ROTH, Circuit Judges.

BARKETT, Circuit Judge:

We previously issued an opinion reversing in part the district court's dismissal of the plaintiffs' 42 U.S.C. § 1983 action against defendants Mike Hale, the Sheriff of Jefferson County, and the State of Alabama. Gipson v. Jefferson Cnty. Sheriff's Office, 613 F.3d 1054 (11th Cir.2010). Still pending is the State's petition for rehearing.

When we issued our opinion in this case and when...

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