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11-17454 - C. B. v. City of Sonora, et al


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11-17454 - C. B. v. City of Sonora, et al
September 12, 2013
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FILED OPINION (M. MARGARET MCKEOWN, PAUL J. WATFORD and THOMAS S. ZILLY) VACATED; REVERSED; REMANDED. Judge: MMM Concurrece & Dissent, Judge: PJW , Judge: TSZ Authoring. FILED AND ENTERED JUDGMENT. [8779392]
February 3, 2014
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Filed Order for PUBLICATION (ALEX KOZINSKI) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. [8962250]
October 15, 2014
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FILED OPINION (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS, BARRY G. SILVERMAN, SUSAN P. GRABER, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, RICHARD C. TALLMAN, JAY S. BYBEE and MILAN D. SMITH, JR.) The judgment of the district court is affirmed in part, reversed in part. The judgment against Chief Mace McIntosh is reduced by $15,000. The judgment against Officer Hal Prock is reduced by $5,000. AFFIRMED IN PART AND REVERSED IN PART. C.B. shall recover his costs on appeal against the City of Sonora; no costs are awarded against Chief McIntosh and Officer Prock. Opinion by Judge Paez as to all but Part II.C.1.; Opinion by Judge M. Smith as to Part II.C.1; Partial Concurrence and Partial Dissent by Judge M. Smith; Concurrence by Judge Gould; Partial Concurrence and Partial Dissent by Judge Berzon FILED AND ENTERED JUDGMENT. [9277133]