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DELIA v. CITY OF RIALTO

No. 09-55514.

682 F.3d 1213 (2012)

Nicholas B. DELIA, Plaintiff-Appellant, v. CITY OF RIALTO, a Public Entity; City of Rialto Fire Department, a Public Agency; Stephen C. Wells, Individually and as the Fire Chief for the City of Rialto; Mike Peel, Individually and as Battalion Chief for the City of Rialto; Frank Bekker, Individually and as Battalion Chief for the City of Rialto; Steve A. Filarsky, Individually and as an Internal Affairs Investigator for the City of Rialto, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 19, 2012.

Attorney(s) appearing for the Case

Michael Andrew McGill, Esquire , Carolina Veronica Diaz , Lackie Dammeier & McGill APC, Upland, CA, for Plaintiff-Appellant.

Cynthia M. Germano , Howard B. Golds , Best Best & Krieger, LLP, Riverside, CA, Jon Howard Tisdale, Esquire , Gilbert, Kelly, Crowley and Jennett, Los Angeles, CA, for Defendants-Appellees.

Before: ALFRED T. GOODWIN, JOHNNIE B. RAWLINSON, Circuit Judges, and MARK W. BENNETT, District Judge.

ORDER

In light of the United States Supreme Court's decision in Filarsky v. Delia, ___ U.S. ___, 132 S.Ct. 1657, 182 L.Ed.2d 662 (2012), the judgment of the district court is affirmed. The mandate shall issue forthwith. See FED. R. APP. P. 4(b).

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