Hinson v. DeKalb County

PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAR 07 2000
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THOMAS K. KAHN
No. 98-9178 CLERK
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D. C. Docket No. 97-00431-1-JEC
FITZGERALD COLUMBUS HINSON,
Plaintiff-Appellee,
versus
RODERICK E. EDMOND, M.D.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(March 7, 2000)
Before EDMONDSON and BIRCH, Circuit Judges, and OWENS*, Senior District
Judge.
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* Honorable Wilbur D. Owens, Jr., Senior U.S. District Judge for the Middle District of
Georgia, sitting by designation.
B Y T H E C O U R T:
Our opinion in Fitzgerald Columbus Hinson v. Roderick E. Edmond, No.
98-9178, reported at 192 F.3d 1342 is revised as follows:
1. The second sentence of the first paragraph of the opinion is amended to
read:
Because we conclude that the defendant, due to his status as a privately
employed prison physician, is ineligible to advance the defense of qualified
immunity, we AFFIRM the district court’s order and REMAND for further
proceedings.
2. The final five paragraphs of the opinion, those appearing at pages 1348-
49, are withdrawn. We lacked jurisdiction to consider the merits because they are
not “inextricably interwoven” with our decision on qualified immunity. See
generally Swint v. Chambers County Comm’n, 115 S. Ct. 1203, 1212 (1995); Foy
v. Schantz, Schatzman & Aaronson, P.A., 108 F.3d 1347, 1350 (11th Cir. 1997);
Harris v. Board of Educ., 105 F.3d 591, 594 (11th Cir. 1997). In the place of the
stricken paragraphs, we substitute this paragraph:
We affirm the district court’s denial of defendant’s motion for summary
judgment: the qualified immunity doctrine does not apply. We remand the
case for proceedings consistent with this opinion.
AFFIRMED AND REMANDED.
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