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Norse v. City of Santa Cruz

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


March 12, 2010

ROBERT NORSE, PLAINTIFF - APPELLANT,
v.
CITY OF SANTA CRUZ; CHRISTOPHER KROHN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF SANTA CRUZ; TIM FITZMAURICE; KEITH A. SUGAR; EMILY REILLY; ED PORTER; SCOTT KENNEDY; MARK PRIMACK, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE SANTA CRUZ CITY COUNCIL; LORAN BAKER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SERGEANT OF THE SANTA CRUZ POLICE DEPARTMENT; STEVEN CLARK, DEFENDANTS - APPELLEES.

D.C. No. CV-02-01479-RMW.

The opinion of the court was delivered by: Kozinski, Chief Judge

FOR PUBLICATION

ORDER

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.

20100312

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