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EVANS v. SANDY CITY

No. 17-4179.

944 F.3d 847 (2019)

Steve Ray EVANS, Plaintiff-Appellant, v. SANDY CITY, a Municipal Corporation; Tim Dolan, Mayor of Sandy City; Kevin Thacker, Sandy City Police Chief; Robert Wall, Sandy City Attorney; Douglas Johnson, Sandy City Prosecutor; R. Mackay Hanks, Sandy City Prosecutor; Scott Cowdell, Sandy City Council Member; Maren Barker, Sandy City Council Member; Kristin Coleman-Nicholl, Sandy City Council Member; Chris McCandless, Sandy City Council Member; Steve Fairbanks, Sandy City Council Member; Linda Martinez Saville, Sandy City Council Member; Stephen P. Smith, Sandy City Council Member; C. Tyson, Sandy City Police Department; C. Pingree, Sandy City Police Department; J. E. Burns, Sandy City Police Department; John Doe I-XX, Sandy City Police Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED December 3, 2019.

Attorney(s) appearing for the Case

Angela H. Elmore , Utah Legal Clinic Foundation ( John Robinson, Jr. , The Law Office of John Robinson, Jr., with her on the brief), Salt Lake City, Utah, for Plaintiff-Appellant.

Troy L. Booher , Zimmerman Booher ( Freyja R. Johnson , Zimmerman Booher; Michael D. Black , Parr Brown Gee & Loveless; David C. Reymann , Parr Brown Gee & Loveless, with him on the brief), Salt Lake City, Utah, for Defendants-Appellees.

Before BRISCOE, BALDOCK, and EID, Circuit Judges.

ORDER

This matter is before the court on the appellant's Petition for Rehearing En Banc. We also have a response from the appellees. In addition, also before the court is a motion from the ACLU Foundation of Colorado and related entities seeking leave to file a brief amicus curiae in support of en banc rehearing.

As a preliminary matter, and upon consideration, we grant the motion submitted by the ACLU to file a brief amicus curiae. The brief received...

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