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CLAIBORNE v. BLAUSER

No. 16-16077.

934 F.3d 885 (2019)

Dennis Gerald CLAIBORNE, Plaintiff-Appellant, v. BLAUSER, Correctional Officer; S. Martin, Correctional Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2019.

Amended August 14, 2019.

Attorney(s) appearing for the Case

Jeremy M. Christiansen (argued), Gibson Dunn & Crutcher LLP, Washington, D.C.; J. Brett Bylund and Blaine H. Evanson , Gibson Dunn & Crutcher LLP, Irvine, California; for Plaintiff-Appellant.

Jaime Ganson (argued) and Arthur B. Mark III , Deputy Attorneys General; Neah Huynh , Acting Supervising Deputy Attorney General; Monica N. Anderson , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, Richard A. Paez, Circuit Judge, and Gary Feinerman, District Judge.

ORDER

The opinion filed in this case on June 28, 2019 is amended by replacing the text of footnote 7 on page 28, Claiborne v. Blauser, 928 F.3d 794, 810 n.7 (9th Cir. 2019), with the following paragraphs:

Because we remand for a new trial on the shackling claim, we do not address the merits of Claiborne's evidentiary arguments that the district court erred in barring his testimony about the ADA, preventing him from introducing or testifying about...

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