JOHNSON v. BARR

No. 21-16547.

79 F.4th 996 (2023)

Kirstin JOHNSON; F.M.; M.D.M.; M.P.M.; V.M.; T.M., Plaintiffs-Appellants, v. Kierstie BARR; Samson Hung; Marina Chacon; Flint Paul; City and County of San Francisco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2023.

Amended August 18, 2023.


Attorney(s) appearing for the Case

Ben Rosenfeld (argued), Law Office of Dennis Cunningham, San Francisco, California; Gerald B. Singleton , Singleton Schreiber LLC, San Diego, California; for Plaintiffs-Appellants.

Kaitlyn M. Murphy (argued) and David Chiu , City Attorneys; Renee E. Rosenblit , Deputy City Attorney; Meredith B. Osborn , Chief Trial Deputy; San Francisco City Attorney's Office, San Francisco, California; Rebecca Bers , Deputy City Attorney; United States Department of Justice, Antitrust Division, San Francisco, California; for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge Rawlinson.


ORDER

The opinion in the above-captioned matter filed on June 6, 2023 and published at 73 F.4th 644 (9th Cir. 2021) is AMENDED as follows:

At 73 F.4th at 651, replace the sentence beginning with <Under our precedent in Act Up!/Portland v. Bagley> with <Generally, "the existence of probable cause is a question for the jury," though summary judgment is appropriate when there is no genuine issue of fact and if "no reasonable jury could find...

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