Moreno

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

R. MORENO, in his individual 

capacity and in his capacity as representative of the classes described fully herein, Plaintiff-Appellee, v. No. 02-55627

LEROY BACA; MICHAEL

ANTONOVICH; YVONNE BURKE; D.C. No.

DONALD KNABE; GLORIA MOLINA;

ZEV YAROSLAVSKY,

 CV 00-07149 ABC

ORDER AND

Defendants, AMENDED and OPINION BANKS, Deputy Sheriff #403862; GARCIA, Deputy Sheriff #412525, Defendants-Appellants,

STATE OF CALIFORNIA,

Intervenor-on-Appeal.  Appeal from the United States District Court for the Central District of California Audrey B. Collins, District Judge, Presiding

Argued and Submitted April 9, 2003—Pasadena, California Submission Withdrawn October 8, 2003 Resubmitted February 16, 2005

Opinion Filed March 7, 2005 Opinion Withdrawn and Amended Opinion Filed December 9, 2005

16097 16098 MORENO v. BACA Before: Harry Pregerson, A. Wallace Tashima, and Richard R. Clifton, Circuit Judges.

Opinion by Judge Tashima 16100 MORENO v. BACA

COUNSEL

Devallis Rutledge, Manning & Marder Kass, Ellrod,…