Jackson Muni Airport v. Harkins

Case: 21-60312 Document: 00516877242 Page: 1 Date Filed: 08/29/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED ___________ August 29, 2023 No. 21-60312 Lyle W. Cayce ___________ Clerk

Jackson Municipal Airport Authority; Board of Commissioners of the Jackson Municipal Airport Authority, each in his or her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Doctor Rosie L. T. Pridgen, in her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Reverend James L. Henley, Jr., in his official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; LaWanda D. Harris, in her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Vernon W. Hartley, Sr., in his official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Evelyn O. Reed, in her official capacity as a Commissioner on the Board of Commissioners of the Jackson Municipal Airport Authority; Doctor Rosie L. T. Pridgen, individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; LaWanda D. Harris, individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; Vernon W. Hartley, Sr., individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; Evelyn O. Reed, individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated; James L. Henley, Jr., individually as citizens of the City of Jackson, Mississippi, on behalf of themselves and all others similarly situated,

Intervenors—Appellees,

versus Josh Harkins; Dean Kirby; Phillip Moran; Chris *2 Case: 21-60312 Document: 00516877242 Page: 2 Date Filed: 08/29/2023

No. 21-60312

Caughman; Nickey Browning; John A. Polk; Mark Baker; Alex Monsour,

Respondents—Appellants. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:16-CV-246 ______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion May 10, 2023, 5 Cir., 2023, 67 F.4th 678, Withdrawn) (Opinion August 25, 2023, 5 Cir., 2023, WL 5522213)

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, and Douglas, Circuit Judges. Per Curiam: 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. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated August 25, 2023, is VACATED.

 Judges Leslie H. Southwick, James E. Graves, Jr., and Cory T. Wilson did not participate in the consideration of the rehearing en banc.