No. 00-35660

276 F.3d 464 (9th Cir. 2001) TARIQ AHMED, MD, Plaintiff-Appellee, v. STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES; LEANNA LAMB, Superintendent Rainier School; ROGELIO RUVALCABA, Dr.; DOES 1 THROUGH 20, Defendants-Appellants. No. 00-35660 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted August 8, 2001 Filed August 28, 2001 Amended December 27, 2001 Michael P. Lynch, Assistant Attorney General, Olympia, Washington, for the defendants-appellants. Charles K. Wiggins, Bainbridge Island, Washington, for the plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington Jack E. Tanner, District Judge, Presiding, D.C. No.CV 97-5415 JET Before: John T. Noonan, A. Wallace Tashima, and Richard C. Tallman, Circuit Judges. 1 Opinion by Judge Tashima; Dissent by Judge Noonan ORDER 2 Judge Noonan's concurrence in the opinion, filed on August 28, 2001, and reported at 262 F.3d 979 , is withdrawn and his separate, dissenting opinion is filed herewith. OPINION TASHIMA, Circuit Judge: 3 Plaintiff-Appellee Dr. Tariq Ahmed brought suit in federal district court against Defendants-Appellants Washington Department of…