Almada

Brett J. Vottero, Springfield, MA, for the appellants.

Anthony P. Serritella, Deputy City Attorney, Santa Monica, CA, for the appellee.

Before: D.W. NELSON and RONALD M. GOULD, Circuit Judges, and JAMES S. GWIN, District Judge. [*]

Opinion by Judge GWIN; Concurrence by Judge GOULD; Concurrence by Judge GWIN; Dissent by Judge D.W. NELSON.

The opinion and dissent in the above-captioned matter filed on October 19, 2010, and published at 623 F.3d 1078 , is WITHDRAWN. The superseding opinion, dissent, and concurrences shall be filed concurrently with this order.

The parties shall have fourteen (14) days from entry of the superseding opinion to file petitions for rehearing or petitions for rehearing en banc in the above-captioned matter.

IT IS SO ORDERED.

GWIN, District Judge:

Plaintiffs Anthony Smith and his wife Theresa Smith appeal the district court's grant of summary judgment to Defendant Santa Monica Police Sergeant Robert Almada on Smith's claims for false arrest, malicious prosecution, and suppression of exculpatory evidence and on Theresa Smith's substantive due process claim for deprivation of familial relations. [1] In support of his action against Almada, Smith…