JACKSON MUN. AIRPORT AUTHORITY v. HARKINS

No. 21-60312.

78 F.4th 844 (2023)

JACKSON MUNICIPAL AIRPORT AUTHORITY; Board of Commissioners of the Jackson Municipal Airport Authority, each in his or her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Doctor Rosie L. T. Pridgen, in her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Reverend James L. Henley, Jr., in his official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Lawanda D. Harris, in her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Vernon W. Hartley, Sr., in his official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Evelyn O. Reed, in her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Doctor Rosie L. T. Pridgen, individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; Lawanda D. Harris, individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; Vernon W. Hartley, Sr., individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; Evelyn O. Reed, individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; James L. Henley, Jr., individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated, Intervenors-Appellees, v. Josh HARKINS; Dean Kirby; Phillip Moran; Chris Caughman; Nickey Browning; John A. Polk; Mark Baker; Alex Monsour, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 29, 2023.


Attorney(s) appearing for the Case

LaToya Cheree Merritt , Fred L. Banks, Jr., Esq. , Phelps Dunbar, L.L.P., Jackson, MS, John L. Walker, Esq. , Counsel, Walker Group, P.C., Jackson, MS, for Intervenors-Appellees Jackson Municipal Airport Authority, Board of Commissioners of the Jackson Municipal Airport Authority, Doctor Rosie L. T. Pridgen, Reverend James L. Henley, Jr., LaWanda D. Harris, Vernon W. Hartley, Sr., Evelyn O. Reed.

Austin Paganelli Anderson , Anderson & Kreiger, L.L.P., Boston, MA, Tylvester O. Goss , Goss & Williams, P.L.L.C., Jackson, MS, Scott P. Lewis , Anderson & Kreiger, L.L.P., Boston, MA, for Intervenors-Appellees Doctor Rosie L. T. Pridgen, La-Wanda D. Harris, Vernon W. Hartley, Sr., Evelyn O. Reed, James L. Henley, Jr.

Michael Brunson Wallace, Esq. , Charles Edward Cowan , Wise Carter Child & Caraway, P.A., Jackson, MS, for Respondents-Appellants.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Amici Curiae State of Louisiana, State of Texas.

Wilson Douglas Minor, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Amici Curiae Delbert Hosemann, Lieutenant Governor, Philip Gunn.

Jacob Arthur Bradley , Brunini Law Firm, Jackson, MS, for Amicus Curiae Rankin County, Mississippi.

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, and Douglas, Circuit Judges.


A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter...

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