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ESTATE OF DIAZ v. CITY OF ANAHEIM

No. 14-55644.

840 F.3d 592 (2016)

ESTATE OF Manuel DIAZ; Genevieve Huizar, an individual, Plaintiffs-Appellants, v. CITY OF ANAHEIM, a California municipal entity; Nick Bennallack, Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2016.

Amended October 27, 2016.

Attorney(s) appearing for the Case

Dale K. Galipo (argued) and Melanie T. Partow , Law Offices of Dale K. Galipo, Woodland Hills, California; Angel Carrazco, Jr. , Carrazco Law, A.P.C., Tustin, California; Paul L. Hoffman , Schonbrun Desimone Seplow Harris & Hoffman, LLP, Venice, California; Humberto Guizar , Humberto Guizar Law Offices, Montebello, California; for Plaintiffs-Appellants.

Moses W. Johnson, IV (argued), Assistant City Attorney, Anaheim, California; Steven J. Rothans and Jill Williams , Carpenter, Rothans & Dumont, Los Angeles, California; for Defendants-Appellants.

Denise L. Rocawich , James R. Touchstone , and Martin J. Mayer , Jones & Mayer, Fullerton, California, for Amici Curiae California Police Chiefs' Association, California State Sheriffs' Association, and California Peace Officers' Association.

Steven J. Renick , Manning & Kass Ellrod Ramirez Trester LLP, Los Angeles, California, for Amicus Curiae International Municipal Lawyers Association.

Before: Marsha S. Berzon and John B. Owens, Circuit Judges, and Algenon L. Marbley, District Judge.

ORDER

The opinion filed on August 24, 2016, and reported at 834 F.3d 1048, is hereby amended. The superseding amended opinion will be filed concurrently with this order.

The panel has voted to deny the petition for panel rehearing. Judges Berzon and Owens voted to deny the petition for rehearing en banc, and Judge Marbley so recommends.

The full court has been advised of the suggestion for rehearing en banc, and...

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