Gregory Wersal v. Patrick Sexton, etc., et al

Filing

OPINION FILED - THE COURT: WILLIAM JAY RILEY, ROGER L. WOLLMAN, C. ARLEN BEAM, JAMES B. LOKEN, DIANA E. MURPHY, KERMIT E. BYE, MICHAEL J. MELLOY, LAVENSKI R. SMITH, STEVEN M. COLLOTON, RAYMOND W. GRUENDER, DUANE BENTON and BOBBY E. SHEPHERD. KERMIT E. BYE, AUTHORING Judge (PUBLISHED), CONCUR BY: Judge JAMES B. LOKEN with whom Judge ROGER L. WOLLMAN joins; DISSENT BY: Judge C. ARLEN BEAM with whom Chief Judge WILLIAM JAY RILEY joins; DISSENT by: Judge STEVEN M. COLLOTON with whom Cheif Judge WILLIAM JAY RILEY and Judges C. ARLEN BEAM, RAYMOND W. GRUENDER and DUANE BENTON join. [3894421] [09-1578]

United States Court of Appeals
For The Eighth Circuit
Thomas F. Eagleton U.S. Courthouse
111 South 10th Street, Room 24.329

St. Louis, Missouri 63102
VOICE [phone]
FAX [phone]
www.ca8.uscourts.gov

Michael E. Gans
Clerk of Court

March 27, 2012

Mr. James Bopp Jr.
Mr. Josiah Neeley
Ms. Anita Yvonne Woudenberg
THE BOPP LAW FIRM
1 S. Sixth Street
Terre Haute, IN 47807
RE: 09-1578 Gregory Wersal v. Patrick Sexton, etc., et al
Dear Counsel:
The court has issued an opinion in this case. Judgment has been entered in accordance
with the opinion. The opinion will be released to the public at 10:00a.m. today. Please hold the
opinion in confidence until that time.
Please review Federal Rules of Appellate Procedure and the Eighth Circuit Rules on postsubmission procedure to ensure that any contemplated filing is timely and in compliance with the
rules. Note particularly that petitions for rehearing and petitions for rehearing en banc must be
received in the clerk's office within 14 days of the date of the entry of judgment. Counsel-filed
petitions must be filed electronically in CM/ECF. Paper copies are not required. No grace period
for mailing is allowed, and the date of the postmark is irrelevant for pro-se-filed petitions. Any
petition for rehearing or petition for rehearing en banc which is not received within the 14 day
period for filing permitted by FRAP 40 may be denied as untimely.
Michael E. Gans
Clerk of Court
DMW
Enclosure(s)
cc:

Mr. David A. Curran I
Mr. Jeffrey Gallant
Mr. David Fulton Herr
Mr. Richard Sletten
Mr. Thomas Campion Vasaly
Mr. Stanley Neal Zahorsky
District Court/Agency Case Number(s): 0:08-cv-00613-ADM

Appellate Case: 09-1578

Page: 1

Date Filed: 03/27/2012 Entry ID: 3894421