CRITTINDON III v. LEBLANC (2023)

United States Court of Appeals, Fifth Circuit.

Jessie CRITTINDON; Leon Burse; Eddie Copelin; Phillip Dominick, III; Donald Guidry, Plaintiffs—Appellees, v. James LEBLANC; Perry Stagg; Angela Griffin, Defendants—Appellants.

No. 20-30304

Decided: January 31, 2023

Before Higginbotham And Oldham, Circuit Judges.* Emily M. Washington, James W. Craig, Roderick & Solange MacArthur Justice Center, New Orleans, LA, for Plaintiffs—Appellees. Andre' Charles Castaing, Benjamin William Wallace, Louisiana Department of Justice, Litigation Division, Baton Rouge, LA, Elizabeth Baker Murrill, Esq., Assistant Attorney General, Phyllis Esther Glazer, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Shae Gary McPhee, Jr., Assistant Solicitor General, Louisiana Department of Justice, Office of the Solicitor General, New Orleans, LA, for Defendants—Appellants.

ON PETITION FOR REHEARING EN BANC

The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of rehearing (Fed. R. App. P. 35 and 5th Cir. R. 35).

In the en banc poll, seven judges voted in favor of rehearing (Jones, Smith, Ho, Duncan, Engelhardt, Oldham, and Wilson), and nine voted against rehearing (Richman, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, and Douglas).

Per Curiam: