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INOUYE v. KEMNA

No. 06-15474.

504 F.3d 705 (2007)

Ricky K. INOUYE, Plaintiff, and Zenn K. Inouye, Personal Representative of the Estate of Ricky Kenichi Inouye, aka Ricky K. Inouye, deceased, Plaintiff-Appellant, v. Michael KEMNA; Lucianne Khalaf; Daniel H. Shimizu; Peter B. Carlisle; City and County Of Honolulu; Mark Nanamori, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2007.

Amended October 3, 2007.

Attorney(s) appearing for the Case

Walter R. Schoettle, Walter R. Schoettle, a Law Corporation, Honolulu, HI, for plaintiff Ricky K. Inouye and Plaintiff-Appellant Zenn K. Inouye. Mr. Schoettle presented oral argument.

Carrie K.S. Okinaga and Marie Gavigan, Corporation Counsel for the City and County of Honolulu, and Moona A. Yost, Deputy Corporations Counsel, Honolulu, HI, for Defendants-Appellees Michael Kemna and the City and County of Honolulu. Ms. Gavigan presented oral argument.

Mark. J. Bennett, Attorney General of the State of Hawaii, and Kendall J. Moser, Deputy Attorney General, Honolulu, HI, for Defendant-Appellee Mark Nanamori. Mr. Moser presented oral argument.

Before: DAVID R. THOMPSON, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

Opinion by Judge BERZON; Concurrence by Judge TALLMAN.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed September 7, 2007 is amended as follows: The first two sentences of the second paragraph of footnote 3 are struck. The amended footnote shall read:

The prison case, Inouye v. Cayetano, Civ. No. 00-00412, began with a complaint filed on June 13, 2000. Nanamori was added to the prison case in the third amended...

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