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JOHNSON v. HAWE

No. 03-35057.

388 F.3d 676 (2004)

Anthony L. JOHNSON, Plaintiff-counter-defendant-Appellant, v. W.J. HAWE, Sheriff, individually and in his official capacity; John Doe 1-10; Clallam County, a municipal corporation, Defendants-Appellees, City of Sequim, a municipal corporation; Byron Nelson, Jr., Chief, individually and in his official capacity as Police Chief of the City of Sequim and his marital community; Bill Thomas, individually and in his capacity as Mayor of Sequim, and his marital community, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2004.

Amended October 25, 2004.

As Corrected November 8, 2004.

Attorney(s) appearing for the Case

R. Stuart Phillips, Poulsbo, WA, for the plaintiff-appellant.

Ray P. Cox, Forsberg & Umlauf, P.S., Seattle, WA, for the defendants-appellees.

Before CANBY, JR., WARDLAW, and GOULD, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

Appellee Clallam County's motion for clarification of opinion is GRANTED.

The Opinion and dissent filed August 31, 2004, slip op. 12391, and appearing at 382 F.3d 944 (9th Cir.2004) are hereby AMENDED. The Clerk shall file the attached Amended Opinion and Amended Dissent.

A majority of the panel has voted to deny the petition for panel rehearing and the petition for rehearing en banc. Judge Gould would have...

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