R E V I S E D 11/19/10 United States Court of Appeals IN THE UNITED STATES COURT OF APPEALS Fifth Circuit FOR THE FIFTH CIRCUIT FILED November 18, 2010 No. 09-40892 Lyle W. Cayce Clerk

OSCAR GABRIEL JIMENEZ; CHANDRA RAE JIMENEZ,

Plaintiffs ! Appellees vs.

WOOD COUNTY, TEXAS; SHERIFF DWAINE DAUGHERTY Defendants ! Appellants

- - - - - Appeal from the United States District Court for the Eastern District of Texas - - - - -

ON PETITION FOR REHEARING EN BANC

(Opinion September 22, 2010, 5 Cir., 2010, _____F.3d____)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

BY THE COURT:

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.