Genzler

ORDER WITHDRAWING OPINION AND DENYING PETITION FOR REHEARING AND OPINION

ORDER

The opinion filed on September 27, 2004, and published at Genzler v. Longanbach, 384 F.3d 1092 (9th Cir.2004), is withdrawn and replaced by the attached opinion.

With the filing of this new opinion, the panel has voted unanimously to deny the petitions for rehearing. Judges Pregerson and Fletcher have voted to deny the petitions for rehearing en banc, and Judge Cowen so recommends.

The full court has been advised of the petitions for rehearing en. banc and no judge of the court has requested a vote, on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petitions for rehearing and the petitions for rehearing en banc, filed by Appellants Longanbach and O’Brien, are DENIED.

OPINION

Plaintiff David Genzler seeks damages under 42 U.S.C. § 1983 for violations of his constitutional rights during the investigation and prosecution of his state criminal homicide trial. Defendants San Diego County Deputy District Attorney Peter Longanbach and Investigator Jeffrey O’Brien appeal from the partial denial of their motions for summary judgment based on absolute official immunity. Defendant supervisors…