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MOONIN v. TICE

No. 15-16571.

868 F.3d 853 (2017)

Matt MOONIN; Donn Yarnall; Erik Lee, Plaintiffs-Appellees, v. Kevin TICE, Defendant-Appellant, and Luis Zapata; State of Nevada Department of Public Safety, Highway Patrol Division (NHP), Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2017.

Attorney(s) appearing for the Case

Joseph F. Tartakovsky (argued), Deputy Solicitor General; Brandon R. Price , Deputy Attorney General; Cameron P. Vandenberg , Supervising Senior Deputy Attorney General; Adam Paul Laxalt , Attorney General; Office of the Attorney General, Carson City, Nevada, for Defendant-Appellant.

Kenneth J. McKenna (argued), Reno, Nevada, for Plaintiffs-Appellees.

Before: Marsha S. Berzon and Mary H. Murguia, Circuit Judges, and Frederic Block, District Judge.

OPINION

We address a question arising out of a dispute regarding the management of the Nevada Highway Patrol ("NHP") canine drug interdiction program ("K9 program") — whether a policy announced in an email sent by defendant-appellant Major Kevin Tice to NHP K9 program officers, including plaintiff-appellee...

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