Millender v. County of Los Angeles

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

AUGUSTA MILLENDER; BRENDA  MILLENDER; WILLIAM JOHNSON, Plaintiffs-Appellees, v. COUNTY OF LOS ANGELES; ROBERT J. LAWRENCE; CURT MESSERSCHMIDT, No. 07-55518 Defendants-Appellants, and  D.C. No. CV-05-02298-DDP LOS ANGELES COUNTY SHERIFF’S ORDER DEPARTMENT; SHERIFF LEROY BACA; SCOTT WALKER; RICK RECTOR; DONALD NICHIPORUK; RICHARD SCHLEGEL; DEPUTY BRICE STELLA; JACK DEMELLO; DAVID O’SULLIVAN; JAMES RITENOUR; IAN STADE, Defendants.  Filed October 2, 2009

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge Pregerson did not participate in the deliberations or vote in this case.

14359 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.