Herman Louis Dimartini v. Lynn Jay Ferrin, Special Agent, Federal Bureau of Investigation

ORDER

The opinion filed November 21, 1989 and appearing at 889 F.2d 922 (9th Cir.1989) is amended as follows:

The text of the original opinion commencing at page 928, the first paragraph, ninth line, beginning with “However, a plaintiff must show....” to and including, page 929, the first carry-over paragraph, ending with “[Pjroperly denied his motion for summary judgment.” is deleted. In lieu thereof, the following text is inserted:

Moreover, the Supreme Court did not refer to this constitutional right for the first time in Greene [v. McElroy, 360 U.S. 474 , 79 S.Ct. 1400 , 3 L.Ed.2d 1377 (1959) ]. On the contrary, Greene cited numerous Supreme Court decisions. Id. (citing “Dent v. West Virginia, 129 U.S. 114 [ 9 S.Ct. 231 , 32 L.Ed. 623 ]; Schware v. Board of Bar Examiners, 353 U.S. 232 [ 77 S.Ct. 752 , 1 L.Ed.2d 796 ]; Peters v. Hobby, 349 U.S. 331, 352 [ 75 S.Ct. 790, 801 , 99 L.Ed. 1129 ] (concurring opinion); cf. Slochower v. Board of Education, 350 U.S. 551 [ 76 S.Ct. 637 , 100 L.Ed. 692 ]; Traux v. Raich, 239 U.S. 33, 41 [ 36 S.Ct. 7, 10 , 60 L.Ed. 131 ]; Allgeyer v. Louisiana, 165 U.S. 578, 589-590 [ 17 S.Ct. 427, 431 , 41 L.Ed. 832 ]; Powell v. Pennsylvania, 127 U.S.…