Torres
Torres v. City of Los Angeles
Opinion
Opinion
Fletcher, J.
ORDER AND OPINION
ORDER
The Opinion filed August 26, 2008, slip op. 11723, and appearing at 540 F.3d 1031 (9th Cir.2008), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.
The panel has voted to deny the petition for panel rehearing. Judge N.R. Smith votes to deny the petition for rehearing en banc and Judges B. Fletcher and King so recommend.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for panel rehearing and the petition for rehearing en banc are denied.
The new Opinion is filed contemporaneously with this order. There is no change in substance.
No new petition for rehearing or rehearing en banc will be entertained.
OPINION
In 2004, plaintiff Raymond Torres, who was then 16 years old, was arrested, without a warrant, on charges of murder and attempted murder. After 162 days of incarceration, Torres was released when the district attorney dismissed the charges against him. Following his release, Torres and his mother (“Plaintiffs”) brought a civil rights action against the City of…