DANOS v. JONES

No. 10-30709.

652 F.3d 577 (2011)

Rhonda DANOS, Plaintiff-Appellant, v. Edith JONES, United States Court of Appeals for the Fifth Circuit, individually and in her official capacity as presiding officer of the Judicial Council of the Fifth Circuit; Judicial Council of the Fifth Circuit, an entity created by Congress pursuant to 28 United States Code 332 composed entirely of Article III Judges; Carolyn Dineen King, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Jerry E. Smith, Judge, United States Court of Appeals for the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; W. Eugene Davis, Judge, United States Court of Appeals for the Fifth Circuit, Council of the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Rhesa H. Barksdale, Judge, United States Court of Appeals for the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Edith Brown Clement, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually, also known as Joy Clement; Priscilla R. Owen, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Jennifer Walker Elrod, Judge, United States Court of Appeals for the Fifth Circuit, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Leslie H. Southwick, Judge, United States Court of Appeals for the Fifth Circuit, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Sarah S. Vance, United States District Judge for the Eastern District of Louisiana, in her official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Neal B. Biggers, Jr., United States District Judge for the Northern District of Mississippi, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Louis G. Guirola, Jr., United States District Judge for the Southern District of Mississippi, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Sam R. Cummings, United States District Judge for the Northern District of Texas, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Hayden Head, United States District Judge for the Southern District of Texas, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually; Fred Biery, United States District Judge for the Western District of Texas, in his official capacity as a member of the Judicial Council of the Fifth Circuit and Individually, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 26, 2011.


Attorney(s) appearing for the Case

Remy Voisin Starns, Trial Atty. (argued), Samuel S. Dalton, Law Offices of Samuel S. Dalton, Jefferson, LA, for Plaintiff-Appellant.

Melissa Nicole Patterson (argued), U.S. Dept. of Justice, Civ. Div. App. Staff, Brigham J. Bowen, U.S. Dept. of Justice, Civ. Div. Fed. Programs Branch, Washington, DC, for Defendants-Appellees.

Before HIGGINBOTHAM, COLLOTON and GRAVES, Circuit Judges.


COLLOTON, Circuit Judge:

Rhonda Danos was a secretary for G. Thomas Porteous, Jr., during his service as a United States District Judge for the Eastern District of Louisiana. Porteous was removed from office on December 8, 2010, after impeachment by the House of Representatives and conviction by the United States Senate. See U.S. Const. art. II, § 4; 156 Cong. Rec. S8607, S8611 (daily ed. Dec. 8, 2010); 156 Cong. Rec. H1327, H1335-37 (daily ed. Mar. 11...

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