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HOUSTON v. CITY OF NEW ORLEANS

No. 11-30198.

682 F.3d 361 (2012)

Errol HOUSTON, Jr., Plaintiff-Appellant, v. CITY OF NEW ORLEANS; Leon Cannizzaro, District Attorney for the Parish of Orleans; Warren J. Riley, Superintendent of the New Orleans Police Department, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 22, 2012.

Attorney(s) appearing for the Case

Justin P. Harrison (argued), Marjorie Ruth Esman , ACLU Foundation of Louisiana, New Orleans, LA, Craig Malcolm Freeman , Law Offices of Craig M. Freeman, Baton Rouge, LA, for Plaintiff-Appellant.

James Bryan Mullaly (argued), Eraka V. Williams , City Attorney's Office for the City of New Orleans, Fred L. Herman , Thomas Jeffrey Barbera (argued), Law Offices of Fred L. Herman, New Orleans, LA, for Defendants-Appellees.

Stephen Porter Halbrook , Dan Mark Peterson , Dan M. Peterson, P.L.L.C., Fairfax, VA, for Nat. Rifle Ass'n of America, Inc., Amicus Curiae.

Before BARKSDALE, GARZA and ELROD, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is GRANTED. We withdraw our prior opinion, Houston v. City of New Orleans, 675 F.3d 441 (5th Cir.2012), and substitute the following.

In this action under, inter alia, 42 U.S.C. § 1983, Errol Houston, Jr., claims defendants violated his Fourteenth...

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