Luther Poynter, by and through his guardian, Anita Fernandez v. Aaron Bennett, in his official capacity as Barren County Jailer; BARREN COUNTY, KENTUCKY

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 26a0076p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
LUTHER POYNTER, by and through his guardian, Anita
Fernandez,
Plaintiff-Appellant,
v.
AARON BENNETT, in his official capacity as Barren
County Jailer; BARREN COUNTY, KENTUCKY,
Defendants-Appellees.
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No. 25-5188
On Petition for Rehearing En Banc
United States District Court for the Western District of Kentucky at Bowling Green.
No. 1:21-cv-00162—Gregory N. Stivers, Chief District Judge.
Decided and Filed: March 11, 2026
Before: SUTTON, Chief Judge; MOORE, CLAY, GRIFFIN, KETHLEDGE,
THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS,
MATHIS, BLOOMEKATZ, RITZ, and HERMANDORFER, Circuit Judges.
_________________
COUNSEL
ON PETITION FOR REHEARING EN BANC: Aaron D. Smith, John A. Sowell,
ENGLISH, LUCAS, PRIEST & OWSLEY, LLP, Bowling Green, Kentucky, for Appellees. ON
RESPONSE: William M. Butler, Jr., Louisville, Kentucky, for Appellant.
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ORDER
_________________
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
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No. 25-5188 Poynter v. Bennett et al. Page 2
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.
ENTERED BY ORDER OF THE COURT
___________________________________
Kelly L. Stephens, Clerk

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