explaining the Eleventh Circuit's position that "the Rochin standard has no place in a civil case for money damages," McKinney v. Pate, 20 F.3d 1550, 1556 n. 7 (11th Cir.1994) (en banc), cert. denied, 513 U.S. 1110, 115 S.Ct. 898, 130 L.Ed.2d 783 (1995)
How later courts described this case
- explaining the Eleventh Circuit's position that "the Rochin standard has no place in a civil case for money damages," McKinney v. Pate, 20 F.3d 1550, 1556 n. 7 (11th Cir.1994) (en banc), cert. denied, 513 U.S. 1110, 115 S.Ct. 898, 130 L.Ed.2d 783 (1995)
- noting that, regarding the plaintiffs substantive due process claim, “[t]he Fifth Amendment obviously does not apply ... -the acts complained of were committed by state rather than federal officials”
- noting that “[t]he Fifth Amendment obviously does not apply .. . — the acts complained of were committed by state rather than federal officials”
- affirming award of punitive damages in deliberate indifference case
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING EN BANC
(Opinion April 26, 1996, 11th Cir., Unpublished).
Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.
PER CURIAM:
The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.