Lawrence Green v. Anthony Hill R.A. Sanders Robert E. Long Glenn Alred, Jr., and United States of America
Lawrence GREEN, Plaintiff-Appellant, v. Anthony HILL; R.A. Sanders; Robert E. Long; Glenn Alred, Jr., and United States of America, Defendants-Appellees
Opinion
ON PETITION FOR REHEARING PER CURIAM:
On petition for rehearing, the government calls into question the remand portion of our opinion in its penultimate paragraph. See 954 F.2d 694 . (11th Cir.) We withdraw the last full paragraph of the opinion and substitute the following:
We therefore remand the case for a determination by the district court of whether the alleged assault and battery was work related. If the district court finds that the assault and battery occurred within the scope of Hill’s employment, it must dismiss this case. If it finds that the acts occurred outside the *1099 scope of employment, it is within the district court’s discretion to continue its jurisdiction over the ease and adjudicate the controversy. On the other hand, the court may elect to remand the assault and battery issue to the state court. For an identical situation, see Nadler v. Mann, 951 F.2d 301 , 306 n. 9 (11th Cir.1992).
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(retracting a previous ruling requiring remand and instead ruling that a court has discretion to remand after decertification)
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(originally requiring remand to state court but then vacating in favor of an optional approach)
Cited by 9 cases
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