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LINGO v. CITY OF SALEM

No. 14-35344.

832 F.3d 953 (2016)

Lia Marie LINGO; V.R.S., a minor child (age 13), through Guardian Ad Litem, Lia Marie Lingo; J.P.L., a minor child (age 9), through Guardian Ad Litem, Lia Marie Lingo, Plaintiffs-Appellants, v. CITY OF SALEM, A municipality; Steven Elmore, Salem Police Officer in his individual capacity and as a police official for Salem; Justin Carney, Salem Police Corporal in his individual capacity and as a police official for Salem, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2016.

Amended August 8, 2016.

Attorney(s) appearing for the Case

Marianne Dugan (argued), Eugene, Oregon; Brian Michaels Eugene , Oregon; for Plaintiffs-Appellants.

Thomas V. Cupani (argued), Assistant City Attorney, City of Salem Legal Department, Salem, Oregon, for Defendants-Appellees.

Before: Alfred T. Goodwin, Diarmuid F. O'Scannlain, and Edward Leavy, Circuit Judges.

ORDER

The opinion filed in this case on June 27, 2016, is hereby amended. An amended opinion is filed concurrently with this order.

With this amendment, the panel has voted unanimously to deny Appellants' petition for panel rehearing. Judge O'Scannlain has voted to deny Appellants' petition for rehearing en banc, and Judges Goodwin and Leavy have so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has requested...

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