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BALDWIN v. PLACER COUNTY

No. 04-15848.

418 F.3d 966 (2005)

Michael W. BALDWIN, DDS; Georgia Chacko, Plaintiffs-Appellees, v. PLACER COUNTY; Tracy Grant; Ron Goodpaster; Brian Wiggam; D'Arcy; Jeffery Potter; Placer County Sheriff's Department; Officer Reed, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2005.

Amended August 8, 2005.

Attorney(s) appearing for the Case

David K. Huskey, Auburn, CA, for the defendants-appellants.

J. David Nick and Paul R. Turley, San Francisco and Oakland, CA, for the plaintiffs-appellees.

Kate Wells, Santa Cruz, CA, for plaintiff-appellee, Georgia Chacko.

Before NOONAN, THOMAS, and FISHER, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The opinion filed on April 19, 2005 is amended as follows:

At slip op. p. 4410, l. 3-4, change sentence to read: "On the conceded facts before us, whatever exigency existed was insufficient to justify the batteries." At slip op. p. 4410, at the end of the first paragraph ending "a practicing dentist and his wife.", add "We conclude that `the law at th[e] time [of the search] ... clearly establish[ed] that...

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