Elder v. Holloway

984 F.2d 991 Charles K. ELDER; Beverly S. Elder, husband and wife, Plaintiffs-Appellants, v. R.D. HOLLOWAY; Other Unknown Employees and/or Agents, individually and in their official capacity as police officers for the Ada County Sheriff's Office, et al., Defendants-Appellees. No. 91-35146. United States Court of Appeals, Ninth Circuit. Jan. 27, 1993. Prior Report: 975 F.2d 1388 . John Charles Lynn, Lynn, Scott & Hackney, Boise, ID, for plaintiffs-appellants. James J. Davis, Boise, ID, for defendants-appellees. Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges. 1 The panel has voted to deny appellants' petition for rehearing and to reject the suggestion for rehearing en banc. 2 The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 35. 3 The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED. 4 KOZINSKI, Circuit Judge, with whom Circuit Judges PREGERSON, NORRIS, REINHARDT and TROTT join, dissenting from the order…