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WILSON v. MIDLAND COUNTY, TEXAS

No. 22-50998.

92 F.4th 1150 (2024)

Erma WILSON, Plaintiff-Appellant, v. MIDLAND COUNTY, TEXAS; Weldon (Ralph) Petty, Jr., sued in his individual capacity; Albert Schorre, Jr., sued in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed February 14, 2024.

Attorney(s) appearing for the Case

Jaba Tsitsuashvili , Robert McNamara , Institute for Justice, Arlington, VA, for Plaintiff-Appellant.

Richard Layne Rouse , Miles Robert Nelson , Shafer, Davis, O'Leary & Stoker, Incorporated, Odessa, TX, for Defendant-Appellee Midland County, Texas, Weldon (Ralph) Petty, Jr.

Randall Lyle Rouse , Steven Carroll Kiser , Lynch, Chappell & Alsup, P.C., Midland, TX, for Albert Schorre, Jr.

Anastasia P. Boden, Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Amir H. Ali, Roderick & Solange MacArthur Justice Center, Washington, DC, for Amicus Curiae Roderick & Solange MacArthur Justice Center.

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas and Ramirez, 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 to be fixed. The Clerk will specify...

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