Malaika Brooks v. City of Seattle, et al, No. 08-35526 (9th Cir. 2010)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MALAIKA BROOKS, Plaintiff-Appellee, v. CITY OF SEATTLE, Defendant, and STEVEN L. DAMAN, in his capacity as an officer of the Seattle Police Department; DONALD M. JONES, in his individual capacity as an officer of the Seattle Police Department; JUAN M. ORNELAS, in his individual capacity as an officer of the Seattle Police Department, Defendants-Appellants. ï£¼ ï£½ No. 08-35526 D.C. No. 2:06-cv-01681-RAJ ORDER ï£¾ Filed September 30, 2010 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. 16759

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