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LACEY v. MARICOPA COUNTY

Nos. 09-15703, 09-15806.

663 F.3d 1032 (2011)

Michael LACEY; Jim Larkin; Phoenix New Times, LLC, Plaintiffs-Appellants, v. MARICOPA COUNTY, a public entity; Joseph Arpaio, Sheriff, and Ava Arpaio, husband and wife; Dennis Wilenchik and Becky Bartness, husband and wife; John Does I-X; Jane Does I-X; Black Corporations, I-V; and White Partnerships, I-V, Defendants-Appellees. Michael Lacey; Jim Larkin; Phoenix New Times, LLC, Plaintiffs-Appellees, v. Joseph M. Arpaio, Sheriff and husband; Ava Arpaio, wife; John Does I-X; Jane Does I-X; Black Corporations, I-V; White Partnerships, I-V; Maricopa County Attorney's Office, a public entity, Defendants, and Dennis Wilenchik; Becky Bartness, wife, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 10, 2011.

Attorney(s) appearing for the Case

Michael Charles Manning , Leslie E. O'Hara , Stinson Morrison Hecker LLP, Phoenix, AZ, Michael J. Meehan , Law Office of Michael Meehan, Tucson, AZ, Don Bennett Moon , Don Bennett Moon, P.C., Prescott, AZ, for Plaintiffs-Appellees.

William R. Jones, Jr., Esquire , Eileen Dennis Gilbride, Esquire , Joseph J. Popolizio, Esquire , Jones Skelton & Hochuli, PLC, Timothy James Casey, Esquire , Litigation Counsel, Schmitt, Schneck, Smyth & Herrod PC, Phoenix, AZ, for Defendants-Appellees.

Scott Harris Zwillinger , Laura Ann Freeman , Zwillinger Greek Zwillinger & Knecht PC, Phoenix, AZ, for Defendants-Appellants.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Silverman and Murguia did not participate in the deliberations or vote...

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