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GRAY EX REL. ALEXANDER v. BOSTIC

No. 08-15152 Non-Argument Calendar.

613 F.3d 1035 (2010)

Laquarius GRAY, a minor, by and through her mother and next friend, Toniko L. ALEXANDER, Plaintiff-Appellee, v. Antonio BOSTIC, individually and in his official capacity as Deputy Sheriff for Tuscaloosa County, AL, Defendant-Appellant, Edmund Sexton, etc., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

August 2, 2010.

Attorney(s) appearing for the Case

Travis Russell Wisdom, Auburn, AL, for Defendant-Appellant.

H. Arthur Edge, III, Arthur Edge, III, P.S., Birmingham, AL, for Plaintiff-Appellee.

Before BLACK, CARNES and FAY, Circuit Judges.

CARNES, Circuit Judge:

Neither party has filed a petition for rehearing, but on our own motion we rescind our earlier opinion in this case, see Gray ex rel. Alexander v. Bostic, 570 F.3d 1321 (11th Cir.2009), and replace it with this one.

This appeal marks the fourth time that this case, which stems from a deputy's arrest of a nine-year-old child, has been before us since it began in 2003. The first time we reversed...

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