Rendish

REINHARDT, Circuit Judge,

dissenting from the failure to rehear en banc:

I respectfully dissent from the court’s failure to rehear this case en banc.

The panel’s holding that a public employee (an assistant city attorney) may be fired from her job for filing a good faith lawsuit against her employer — a lawsuit that eoncededly raises important issues of public concern— mocks the very purpose of the First Amendment’s Petition Clause and debases our commitment to the legal system. It will certainly come as a surprise to those who have taken seriously our assertions that persons with legitimate grievances should settle their disputes by peaceful means in the courts rather than through disruptive or militant extra-legal actions. The message we send to public employees and others today is quite the opposite: if you avail yourself of the judicial process, you face termination from your employment and possibly other equally painful consequences; accordingly, you had best seek your remedies elsewhere.

Disregarding basic tenets of liberty and security, the panel holds that the filing of a legitimate lawsuit to protect one’s job rights and to expose governmental corruption and…

Order; Dissent by

The panel as constituted in the above case has voted to deny the petition for rehearing and to reject the suggestion for a rehearing en banc.

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.

The petition for rehearing is DENIED and the suggestion for a rehearing en banc is REJECTED.

. The motion to supplement the Excerpt of Record is denied.