ROY L. PATTERSON, PETITIONER-APPELLANT,
v.
SAM AUSTIN, RESPONDENT-APPELLEE

11th Cir. | 1985-04-11
No. 82-8092
759 F.2d 817 Court of Appeals for the Eleventh Circuit (1985) Caution
Cited by 15 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

The court’s consideration of the respondent’s petition for rehearing en banc was postponed until a decision by the en banc court in Davis v. Kemp, 752 F. 2d 1515 (11th Cir. En Banc 1985). In light of that decision and the opinion accompanying it, the petition for rehearing is DENIED and since no member of this panel nor other Judge in regular active service on the court requested that the court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 26), the Suggestion for Rehearing En Banc is DENIED.

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Cited By (15 total)

  • Local No. 93, Int'l Ass'n OF Firefighters, AFL-CIO v. City OF Cleveland, 478 U.S. 501 (U.S. 1986)
    …v. Safeway [*526] Stores, Inc., supra, at 799-800; Citizens for a Better Environment v. Gorsuch, supra, at 89-91, 718 F. 2d, at 1127-1130; Sansom Committee v. Lynn, 735 F. 2d 1535, 1538-1539 (CA3), cert. denied, 469 U. S. 1017 (1984); Turner v. Orr, 759 F. 2d 817, 825-826 (CA8 1985). This is not to say that the parties may agree to take action that conflicts with or violates the statute upon which the complaint was based. As noted above, the fact that the parties have consented to the relief contained in a…
  • Local 28 OF THE Sheet Metal Workers' Int'l Ass'n v. Equal Emp. Opportunity Comm'n, 478 U.S. 421 (U.S. 1986)
    …roadly, and have instead limited the decision to its facts. See Pennsylvania v. International Union of Operating Engineers, 770 F. 2d 1068 (CA3 1985), cert. denied, 474 U. S. 1060 (1986); Paradise v. Prescott, 767 F. 2d, at 1527-1530; Turner v. Orr, 759 F. 2d 817, 823-826 (CA11 1985); Vanguards of Cleveland v. Cleveland, 753 F. 2d, at 485-489; Diaz v. American Telephone & Telegraph, 752 F. 2d 1356, 1360, n. 5 (CA9 1985); Van Aken v. Young, 750 F. 2d 43, 44-45 (CA6 1984); Wygant v. Jackson Bd. of Ed., 746 F.…
  • Gilmere v. City OF Atlanta, 774 F.2d 1495 (11th Cir. 1985)
    …tively believed that his life was in danger. Whether Officer Sampson’s conduct was objectively reasonable is a question of [*1510] law subject to plenary review on appeal. Shillingford v. Holmes, 634 F. 2d 263, 265 (5th Cir.1981). See Turner v. Orr, 759 F. 2d 817, 820 (11th Cir.1985); Gulf Tampa Drydock Co. v. Great Atlantic Insurance Co., 757 F. 2d 1172, 1174 (11th Cir.1985). . The majority argues that the shooting was unreasonable regardless of whether it was done in self-defense because the officer’s own…

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