United States Court of Appeals Fifth Circuit F I L E D REVISED AUGUST 25, 2003 August 20, 2003 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk No. 02-30318 THEODORE JOHNSON Plaintiff-Appellee versus LOUISIANA DEPARTMENT OF EDUCATION; ET AL Defendants LOUISIANA DEPARTMENT OF EDUCATION; STATE OF LOUISIANA; PRESIDENT OF LOUISIANA STATE UNIVERSITY SYSTEM; BOARD OF REGENTS Defendants-Appellants No. 02-30369 LYNN AUGUST Plaintiff-Appellee versus SUZANNE MITCHELL; MAE NELSON; ED BARRAS; DEPARTMENT OF SOCIAL SERVICES, for the State of Louisiana Defendants-Appellants - - - - - Appeals from the United States District Court for the Eastern District of Louisiana - - - - - ON PETITION FOR REHEARING EN BANC (Opinion May 5, 2003, 5 Cir., 2003, _____F.3d____) (August 20, 2003) BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit Judges. BY THE COURT: A member of the Court in active service has requested a poll on the petition for rehearing en banc filed by appellee Theodore Johnson and a majority of the judges in active service have voted in favor of granting a rehearing en banc. Further, a majority of judges in active service have determined, on the Court’s own motion, to rehear en banc the consolidated case, Lynn August vs. Suzanne Mitchell, Et Al. Accordingly, IT IS ORDERED that these cases shall be reheard by the court en banc. No decision has yet been made with respect to oral argument. The Clerk will specify a briefing schedule for the filing of supplemental briefs.