PUBLIC INTEGRITY ALLIANCE, INC. v. CITY OF TUCSON

No. 15-16142.

820 F.3d 1075 (2016)

PUBLIC INTEGRITY ALLIANCE, INC., an Arizona nonprofit membership corporation; Bruce Ash, an individual; Fernando Gonzales, an individual; Ann Holden, an individual; Ken Smalley, an individual, Plaintiffs-Appellants, v. CITY OF TUCSON, a chartered city of the State of Arizona; Jonathan Rothschild, in his capacity as the Mayor of the City of Tucson; Regina Romero, in her capacity as a member of the Tucson City Council; Paul Cunningham, in his capacity as a member of the Tucson City Council; Karin Uhlich, in her capacity as a member of the Tucson City Council; Shirley Scott, in her capacity as a member of the Tucson City Council; Richard Fimbres, in his capacity as a member of the Tucson City Council; Steve Kozachik, in his capacity as a member of the Tucson City Council; Roger Randolph, in his capacity as the Clerk of the City of Tucson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 27, 2016.


Attorney(s) appearing for the Case

Thomas J. Basile , Kory A. Langhofer , Statecraft PLLC, Phoenix, AZ, for Plaintiffs-Appellants.

Dennis P. McLaughlin, Esquire , Principal Assistant City, Michael G. Rankin , Office of the Tucson City Attorney, Tucson, AZ, Richard Rollman , Gabroy Rollman & Bosse PC, Tucson, AZ, for Defendants-Appellees.


ORDER

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

Judge MURGUIA did...

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