Susan Porter v. Kelly Martinez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SUSAN PORTER, No. 21-55149

Plaintiff-Appellant, D.C. No. 3:18-cv-01221- v. GPC-LL

KELLY MARTINEZ, in her official capacity as Sheriff of San Diego ORDER AND County; AMANDA RAY, as AMENDED successor to Warren Stanley, in her OPINION official capacity as Commissioner of California Highway Patrol,

Defendants-Appellees,

and

WARREN STANLEY,

Defendant.

Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding Argued and Submitted March 7, 2022 Submission Vacated March 17, 2022 Resubmitted March 31, 2023 Pasadena, California

Filed April 7, 2023 Amended May 22, 2023

Before: Marsha S. Berzon and Michelle T. Friedland, Circuit Judges, and Edward R. Korman,* District Judge.

Order; Opinion by Judge Friedland; Dissent by Judge Berzon

SUMMARY**

Civil Rights

The panel affirmed the district court’s summary judgment in favor of the State of California in an action challenging a California law that prohibits honking a…