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BERTHIAUME v. SMITH

No. 16-16345.

875 F.3d 1354 (2017)

Raymond BERTHIAUME, Plaintiff-Appellant, v. David T. SMITH, Individually, and City of Key West, a Florida Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 22, 2017.

Attorney(s) appearing for the Case

Katherine E. Giddings , Ryan Daniel O'Connor , Akerman, LLP, Tallahassee, FL, Hugh L. Koerner , Hugh L. Koerner, PA, Hollywood, FL, Robert Dale Noll, Jr. , Whitney Marie Untiedt , Akerman, LLP, Miami, FL, for Plaintiff-Appellant.

Michael Thomas Burke , Juan Marcos Martinez , Johnson Anselmo Murdoch , Burke Piper & Hochman, PA, Fort Lauderdale, FL, for Defendants-Appellees.

Ethan Rice , Hayley J. Gorenberg , Eric David Lesh , Lambda Legal Defense, New York, NY, for Amici Curiae Lambda Legal Defense and Education Fund, Inc., ACLU of Florida, National Association of Public Defense, Florida Association of Criminal Defense Lawyers, National LGBT Bar Association.

Before HULL, JORDAN and GILMAN, Circuit Judges.

Defendants David T. Smith and the City of Key West (collectively "defendants") moved for panel rehearing of an opinion originally filed on October 5, 2017 and reported at ___ Fed.Appx. ___, 2017 WL 4422465. Defendants also moved for publication of the opinion. We grant in part and deny in part the defendants' motion for panel rehearing, grant...

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