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MAXWELL v. COUNTY OF SAN DIEGO

Nos. 10-56671, 10-56706.

708 F.3d 1075 (2013)

Jim MAXWELL, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Kay Maxwell, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Jim Maxwell, as executor of the Estate of Kristin Marie Maxwell-Bruce, Plaintiffs-Appellants, v. COUNTY OF SAN DIEGO; Alpine Fire Protection District; Viejas Fire Department; Lowell Bryan "Sam" Bruce, Deputy; Bradley Avi; Jeremy Felber; Gregory Reynolds; Anthony Salazar; M. Knobbe; Jeffrey Jackson; Warren Voth; Gary Kneeshaw; William Reilly; L. Rodriguez; Brian Boggeln; Colby Ross; Chip Howell; Michael Mead; Does, Defendants-Appellees. Jim Maxwell, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Kay Maxwell, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Jim Maxwell, as executor of the Estate of Kristin Marie Maxwell-Bruce, Plaintiffs-Appellees, v. County of San Diego; Alpine Fire Protection District; Viejas Fire Department; Lowell Bryan "Sam" Bruce, Deputy; Bradley Avi; Jeremy Felber; Brian Boggeln; Colby Ross; Chip Howell; Michael Mead; Does, Defendants, and Gregory Reynolds; Anthony Salazar; M. Knobbe; Jeffrey Jackson; Warren Voth; Gary Kneeshaw; William Reilly; L. Rodriguez, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2013.

Attorney(s) appearing for the Case

Daniel M. Benjamin , Ballard Spahr LLP, San Diego, CA, and Todd Thibodo , Law Offices of Todd Thibodo, Encino, CA, for Plaintiffs-Appellees/Plaintiffs-Appellants.

Morris G. Hill , Senior Deputy, San Diego County Counsel, San Diego, CA, for Defendants-Appellants Gregory Reynolds, Anthony Salazar, Michael Knobbe, Jeffrey Jackson, Warren Voth, Gary Kneeshaw, William Reilly, and Leonard Rodriguez.

Phillip C. Samouris , John M. Morris , and Victoria E. Fuller , Higgs, Fletcher & Mack LLP, San Diego, CA, for Defendants-Appellees Viejas Fire Department, Bradley Avi, and Jeremy Felber.

Opinion by Judge FARRIS; Dissent by Judge IKUTA.

ORDER

The panel has voted to deny the petition for rehearing in case number 10-56671; Judges Clifton and Ikuta vote to deny the petition for rehearing en banc, and Judge Farris so recommends.

Judges Farris and Clifton vote to deny the petition for rehearing in case number 10-56706; Judge Clifton votes to deny the petition for rehearing en banc, and Judge Farris so recommends. Judge Ikuta votes to grant the petition for rehearing and the petition for rehearing...

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