Alford v. Haner

446 F.3d 935 Jerome Anthony ALFORD, Plaintiff-Appellant, v. Joi HANER, a Washington State Patrol Officer; Jane Doe Haner, his wife; Gerald Devenpeck, Sgt., Washington State Patrol; Jane Doe Devenpeck, his wife, Defendants-Appellees. No. 01-35141. United States Court of Appeals, Ninth Circuit. April 26, 2006. Randy W. Loun, Esq., Loun & Tyner, Bremerton, WA, for Plaintiff-Appellant. Michael Patrick Lynch, Esq., Eric A. Mentzer, AGWA-Office of the Washington Attorney General (Olympia) Torts Division, Olympia, WA, for Defendants-Appellees. Before JAMES R. BROWNING, BETTY B. FLETCHER, and RONALD M. GOULD, Circuit Judges. 1 ORDER GRANTING PETITION FOR REHEARING, DENYING PETITION FOR REHEARING EN BANC, AND AFFIRMING ORDER 2 Judges Browning and Gould voted to grant the petition for rehearing; Judge B. Fletcher voted to deny it. The petition for rehearing en banc was circulated to the full court. No judge has requested a vote on rehearing en banc. The petition for rehearing is GRANTED and the petition for rehearing en banc is DENIED. The Order filed on August 9, 2005, appearing at 418 F.3d 1004 , is withdrawn. 3 This case returns to us on remand from the Supreme Court. Devenpeck v.…