[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT AUGUST 7, 2002 THOMAS K. KAHN No. 01-13151 CLERK

D.C. Docket No. 99-01332-CV

BRIAN L. GRECH,

Plaintiff-Appellant,

versus CLAYTON COUNTY, GEORGIA, Defendant-Appellee.

--------------------------- n Appeal from the United States District Court for the Northern District of Georgia --------------------------

(Opinion April 19, 2002, 288 F.3d. 1277, 11th Cir. 2002) (August 7, 2002)

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges*.

BY THE COURT: 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 may elect to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).