Gina Fiore v. Anthony Walden

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GINA FIORE; KEITH GIPSON,  No. 08-17558 Plaintiffs-Appellants, D.C. No. v. 2:07-cv-01674-

ANTHONY WALDEN; UNKNOWN  ECR-LRL

AGENTS OF THE FEDERAL ORDER AND

GOVERNMENT, AMENDED

Defendants-Appellees.  OPINION

Appeal from the United States District Court for the District of Nevada Edward C. Reed, Senior District Judge, Presiding

Argued and Submitted February 12, 2010—San Francisco, California

Filed September 12, 2011 Amended August 8, 2012

Before: Alfred T. Goodwin, Marsha S. Berzon, and Sandra S. Ikuta, Circuit Judges.

Order; Dissent to Order by Judge O’Scannlain; Dissent to Order by Judge McKeown; Opinion by Judge Berzon; Dissent by Judge Ikuta COUNSEL

Robert A. Nersesian and Thea Marie Sankiewicz, Nersesian & Sankiewicz, Las Vegas, Nevada, for the plaintiffs- appellants.

Michael F. Hertz, Acting Assistant Attorney General, and Barbara L. Herwig and Kelsi Brown Corkran, Attorneys, Civil Division, Department of Justice, Washington, D.C., for the…