GEORGIA ADVOCACY OFFICE v. JACKSON (2022)

United States Court of Appeals, Eleventh Circuit.

GEORGIA ADVOCACY OFFICE, M.J., K.H., on behalf of themselves and others similarly situated, Plaintiffs - Appellees, v. Theodore JACKSON, in his official capacity as Sheriff of Fulton County, Mark Adger, in his official capacity as Chief Jailer, Meredieth Lightbourne, in her official capacity as Medical Director, Tyna Taylor, in her official capacity as Detention Captain, Pearlie Young, in her official capacity as Detention Lieutenant, Defendants - Appellants.

No. 19-14227-AA

Decided: May 13, 2022

Before: WILSON, GRANT, and TJOFLAT, Circuit Judges.

Sarah Elisabeth Geraghty, Atteeyah Hollie, Ryan Primerano, Southern Center for Human Rights, Atlanta, GA, Devon Orland, Attorney General's Office, Atlanta, GA, Michael A. Caplan, Caplan Cobb, LLP, Atlanta, GA, Anne Jessamyn Isham Kuhns, Decatur, GA, for Plaintiffs - Appellees. Ashley Jenell Moore Palmer, Michelle Arrington, Thomas Blaylock, Kaye Woodard Burwell, Fulton County Attorney's Office, Atlanta, GA, for Defendants - Appellants.

Although the panel has already published an opinion in this case, Georgia Advocacy Office v. Jackson, 4 F.4th 1200 (11th Cir. 2021), the mandate has not yet issued, meaning this Court retains jurisdiction over the case. See Zaklama v. Mount Sinai Med. Ctr., 906 F.2d 645, 649 (11th Cir. 1990) (“This court retains jurisdiction over an appeal until it has issued a mandate to implement its disposition.” (internal quotation marks omitted)). Because the parties have settled and mooted this case before our mandate issued, the proper action is to vacate our prior opinion, and dismiss the appeal as moot. See Gipson v. Jefferson Cnty. Sheriff's Off., 649 F.3d 1274, 1275 (11th Cir. 2011) (citing Key Enters. of Del., Inc. v. Venice Hosp., 9 F.3d 893, 894 (11th Cir. 1993) (en banc)).

The published opinion issued by this panel on July 14, 2021, 4 F.4th 1200, is hereby VACATED, and this appeal is DISMISSED. The pending “Petition for Rehearing En Banc or Panel Rehearing” is DENIED AS MOOT.

BY THE COURT:

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