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GALVIN v. HAY

No. 00-17425.

374 F.3d 739 (2004)

Bernie Galvin, Sister; Ken Butigan; Jeff Johnson, Rev.; Karen Oliveto, Rev., for themselves and others similarly situated, as a Class, Plaintiffs-Appellants, v. Kevin Hay, Lieut.; Hugh Irwin, Major of the United States Park Police, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2004.

Amended June 8, 2004.

Attorney(s) appearing for the Case

Dennis Cunningham, San Francisco, CA, for the plaintiffs-appellants.

Robert M. Loeb and Douglas Hallward-Driemeier, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for the defendants-appellees.

Before: HUG, and BERZON, Circuit Judges, and LASNIK, District Judge.

ORDER AND AMENDED OPINION

ORDER

The opinion filed on March 18, 2004 is amended as follows:

Replace the first paragraph at Slip Op. p. 3374, 361 F.3d 1134, 1152 (9th Cir.2004), with:

"The FTCA specifically permits liability for false arrest when effected by federal law enforcement officers." See 28 U.S.C. § 2680(h). Under the Act, "[l]iability is determined...

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