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HOWSE v. HODOUS

No. 19-3418.

960 F.3d 905 (2020)

Shase HOWSE, Plaintiff-Appellant, v. Thomas HODOUS and Brian Middaugh, individually and in their official capacities as employees of the City of Cleveland, Ohio; City of Cleveland, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 8, 2020.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Christopher Kemmitt , NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC., Washington, D.C., James L. Hardiman , Cleveland, Ohio, for Appellant. ON RESPONSE: Elena N. Boop , CITY OF CLEVELAND, Cleveland, Ohio, for Appellees Hodous and Middaugh. Timothy J. Puin , CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland.

The panel delivered an order. GIBBONS, J. (pg. 906), delivered a separate dissenting opinion in which COLE, C.J., and WHITE and STRANCH, JJ., joined.

On Petition for Rehearing En Banc.

ORDER

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.

Therefore...

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