Estate of Manuel Diaz v. City of Anaheim

ORDER

The opinion filed on August 24, 2016, and reported at 834 F.3d 1048 , is hereby amended. The superseding amended opinion will be filed concurrently with this order.

The panel has voted to deny the petition for panel rehearing. Judges Berzon and Owens voted to deny the petition for rehearing en banc, and Judge Marbley so recommends.

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

The petition for panel rehearing and rehearing en banc is DENIED.

No further petitions for panel rehearing or petitions for rehearing en banc will be entertained.

OPINION

Anaheim Police Officer Nicholas Bennal-lack shot and killed Manuel Diaz during a mid-day encounter in July 2012. Diaz’s estate and mother (“Plaintiffs”) sued Officer Bennallack and the City of Anaheim (“Defendants”) for federal civil rights violations and proceeded to a jury trial, but lost. Plaintiffs argue they should receive a new trial due to inflammatory evidence introduced by Defendants, that had no relevance to the key issue in the case—whether Officer Bennallack acted within the law when he…