Rosenbaum

Rosenbaum v. Washoe County

Good Law
654 F.3d 1001
United States Court of Appeals for the Ninth CircuitNovember 30, 201110-15637California3,839 words

Opinion

Opinion

Robert R. Hager and Treva J. Hearne, Hager & Hearne, Reno, NV, for the appellants.

David Creekman, Herbert Kaplan, Washoe County District Attorney's Office, Reno, NV, for the appellees.

Before: M. MARGARET McKEOWN, RONALD M. GOULD, and MILAN D. SMITH, JR., Circuit Judges.

The petition for panel rehearing is GRANTED. The opinion in the above-captioned matter filed on August 22, 2011, and published at 654 F.3d 1001 , is WITHDRAWN. The superseding opinion shall be filed concurrently with this order.

The parties shall have fourteen (14) days from entry of the superseding opinion to file petitions for rehearing or petitions for rehearing en banc in the above-captioned matter.

IT IS SO ORDERED.

PER CURIAM:

Hershel Oscar Rosenbaum ("Rosenbaum") and his children appeal the district court's order granting the defendants' motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages eight and four, were standing beside him. He was arrested for abuse, neglect or endangerment of a…

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