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PIERCE v. COUNTY OF ORANGE

Nos. 05-55829, 05-55845.

526 F.3d 1190 (2008)

Fred PIERCE; Timothy Lee Conn; Fermin Valenzuela; Laurie D. Ellerston, Plaintiffs-Appellants, v. COUNTY OF ORANGE, a Governmental entity; Michael S. Carona, individually, Defendants-Appellees. Richard Eugene Smith; Kenneth Wilson; William Brown; Susan Young, on behalf of themselves and all others similarly situated, Plaintiffs, and Jerry E. Stewart; Fred Pierce; Timothy Lee Conn; Fermin Valenzuela; Laurie D. Ellerston, Plaintiffs-Appellants, v. Brad Gates, individually and in his official capacity as Orange County Sheriff; William Wallace, individually and in his official capacity as Chief Deputy of the Orange County Sheriffs Department and Jail Division; County of Orange, a governmental entity; Michael S. Carona, individually, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2008.

Amended May 15, 2008.

Attorney(s) appearing for the Case

Virginia Keeny and Dan Stormer, Pasadena, CA, and Richard P. Herman, Newport Beach, CA, for the plaintiffs-appellants.

Steven C. Miller, Santa Ana, CA, David D. Lawrence and Christina Sprenger, Orange, CA, for the defendants-appellees.

Before: B. FLETCHER, M. MARGARET McKEOWN, and JAY S. BYBEE, Circuit Judges.

ORDER

The opinion filed on March 24, 2008 and published at 519 F.3d 985 (9th Cir.2008), is AMENDED as follows:

(1) At 519 F.3d at 1016, after the sentence ending, "with or without reasonable accommodations, meet the essential eligibility requirements to participate," insert the following additional two sentences:

Whether this "program access" standard may reasonably be met or whether any restriction on access is...

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