LUTHER POYNTER, by and through his guardian, Anita Fernandez v. AARON BENNETT, in his official capacity as Barren County Jailer; BARREN COUNTY, KENTUCKY - Articles

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Posted by: Azya Thornton on Mar 11, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON PETITION FOR REHEARING EN BANC: Aaron D. Smith, John A. Sowell, ENGLISH, LUCAS, PRIEST & OWSLEY, LLP, Bowling Green, Kentucky, for Appellees.

Attorneys 2: ON RESPONSE: William M. Butler, Jr., Louisville, Kentucky, for Appellant.

Judge(s): SUTTON, Chief Judge; MOORE, CLAY, GRIFFIN, KETHLEDGE, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS, MATHIS, BLOOMEKATZ, RITZ, and HERMANDORFER, Circuit Judges

Court Appealed: On Petition for Rehearing En Banc United States District Court for the Western District of Kentucky at Bowling Green

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Under Sixth Circuit Rule 40(d), “[a] decision to grant rehearing en banc vacates the previous opinion and judgment or order of the court, stays the mandate, and restores the case on the docket as a pending appeal.” Accordingly, it is ORDERED that the previous decision and judgment of this Court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal. The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

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