Oscar Jimenez, et al v. Texas Alcoholic Beverage Cmsn, et al

Filing 920101119

Opinion

REVISED

11/19/10 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 09-40892
United States Court of Appeals Fifth Circuit

FILED
Lyle W. Cayce Clerk

November 18, 2010

OSCAR GABRIEL JIMENEZ; CHANDRA RAE JIMENEZ, Plaintiffs ! Appellees vs. WOOD COUNTY, TEXAS; SHERIFF DWAINE DAUGHERTY Defendants ! Appellants ----Appeal from the United States District Court for the Eastern District of Texas ----ON PETITION FOR REHEARING EN BANC (Opinion September 22, 2010, 5 Cir., 2010, _____F.3d____)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges. BY THE COURT: 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. Clerk will specify a briefing schedule for the filing of supplemental briefs. The