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ALFORD v. HANER

No. 01-35141.

418 F.3d 1004 (2005)

Jerome Anthony ALFORD, Plaintiff-Appellant, v. Joi HANER, a Washington State Patrol Officer; John Doe Haner, her husband; Gerald Devenpeck, Sgt., Washington State Patrol; Jane Doe Devenpeck, his wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 9, 2005.

Attorney(s) appearing for the Case

Randy W. Loun, Esq., Loun & Tyner, Bremerton, WA, for Plaintiff-Appellant.

Michael Patrick Lynch, Esq., Eric A. Mentzer, Office of the Washington Attorney General, Olympia, WA, for Defendants-Appellees.

Before BROWNING, B. FLETCHER, and GOULD, Circuit Judges.

ORDER

This case has returned to us on remand from the Supreme Court. See Devenpeck v. Alford, ___ U.S. ___, 125 S.Ct. 588, 160 L.Ed.2d 537 (2004), reversing Alford v. Haner, 333 F.3d 972 (9th Cir.2003). In turn, we now remand the case to the district court.

As the Supreme Court has pointed out, we did not, in our original disposition, decide whether the police had probable cause to arrest Alford for obstructing...

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