Fisher, et al v. City of San Jose, et al, No. 04-16095 (9th Cir. 2008)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ï£¼ STEVEN FISHER, Plaintiff-Appellee, and SANDRA FISHER, Plaintiff, CITY OF SAN v. JOSE, Defendant-Appellant, and CITY OF SAN JOSE POLICE DEPARTMENT; OFFICER BOLER; OFFICER BARNETT; OFFICER CORREA; OFFICER ESQUIVEL; OFFICER HONDA; OFFICER KINSWORTHY; OFFICER O BRIEN; OFFICER RYAN; OFFICER NGUYEN, Defendants. ï£½ No. 04-16095 D.C. No. CV-01-21192-PVT Northern District of California, San Jose ORDER ï£¾ Filed March 14, 2008 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. 2653 PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson/West.

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