IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-50591

ALFRED CASTELLANO

Plaintiff-Appellee

versus

CHRIS FRAGOZO, Etc; ET AL

Defendants

CHRIS FRAGOZO, Individually and in his Official Capacity as a San Antonio Police Officer; MARIA SANCHEZ, Individually

Defendants-Appellants

- - - - - Appeal from the United States District Court for the Western District of Louisiana - - - - -

ON PETITION FOR REHEARING EN BANC

(Opinion November 20, 2002, 5 Cir., 2002, _____F.3d____)

(February 5, 2003)

BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested

a poll on the petition for rehearing en banc and a majority of

the judges in active service having voted in favor of granting a

rehearing en banc,

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.