Onishea v. Hopper

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 96-6213 LYDIA KAY ONISHEA; RENEE BROWN; CARRIE WHITE; ARTHUR HOWARD; ARION DAVIS, et al., Plaintiffs-Appellants, versus JOE S. HOPPER, Commissioner of the Alabama Department of Corrections; SHIRLIE LOBMILLER, Warden of the Julia Tutwiler Prison for Women; STEVE DEES, Warden of the Limestone Correctional Facility; LYNN HARRELSON, Warden of the Kilby Prison; CORRECTIONAL HEALTH CARE, INC., Health care provider of the Alabama Department of Corrections, et al., Defendants-Appellees, STEWART M. HUGHEY; ADAM LAMAR ROBINSON; CHUCK STOUDEMIRE, Intervening Defendants- Appellees. -------------------------- Appeal from the United States District Court for the Middle District of Alabama -------------------------- ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion November 4, 1997, 11th Cir., ___F.3rd___) (January 23, 1998) Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.* B Y T H E C O U R T : A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED. ______________________ *Senior U. S. Circuit Judge Phyllis A. Kravitch has elected to not participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).