Fisher

Fisher v. City of San Jose

Good Law

United States Court of Appeals for the Ninth CircuitMarch 14, 200804-16095California145 words

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN FISHER, 

Plaintiff-Appellee, and

SANDRA FISHER,

Plaintiff, v. No. 04-16095 CITY OF SAN JOSE, D.C. No.

CV-01-21192-PVT

Defendant-Appellant, and  Northern District of California, CITY OF SAN JOSE POLICE San Jose

DEPARTMENT; OFFICER BOLER; ORDER

OFFICER BARNETT; OFFICER CORREA;

OFFICER ESQUIVEL; OFFICER HONDA;

OFFICER KINSWORTHY; OFFICER

O’BRIEN; OFFICER RYAN; OFFICER

NGUYEN,

Defendants.  Filed March 14, 2008

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.

2653

PRINTED FOR

ADMINISTRATIVE OFFICE—U.S. COURTS

BY THOMSON/WEST—SAN FRANCISCO