Hamm v. Powell

*294PETITION FOR REHEARING

Before ANDERSON, Circuit Judge, HILL and ESCHBACH **, Senior Circuit Judges. HILL, Senior Circuit Judge:

Plaintiffs petition for a rehearing in this matter, and suggest a rehearing en banc of this court’s opinion in Hamm v. Powell, 874 F.2d 766 (11th Cir.1989). We grant the petition for rehearing. Since the original arguments in this case, the Supreme Court has decided Graham v. Connor, - U.S. -, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1985), a case which has a major impact upon the issues, and our analysis of, this ease.

Under Graham, the Supreme Court made clear that in arrest…