*1 FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT (cid:252)
J EROME A NTHONY A , Plaintiff-Appellant, No. 01-35141 v. D.C. No. CV-99-05586-RJB (cid:253)
J OI H ANER , a Washington State Western District Patrol Officer; J OHN D OE H ANER , of Washington, her husband; G ERALD D EVENPECK , Tacoma Sgt., Washington State Patrol; J ANE D OE D EVENPECK , his wife, ORDER (cid:254) Defendants-Appellees. On Remand From the United States Supreme Court Filed August 9, 2005
Before: James R. Browning, Betty B. Fletcher, and Ronald M. Gould, Circuit Judges.
ORDER This case has returned to us on remand from the Supreme Court. See Devenpeck v. Alford , 125 S. Ct. 588 (2004), reversing Alford v. Haner , 333 F.3d 972 (9th Cir. 2003). In turn, we now remand the case to the district court.
As the Supreme Court has pointed out, we did not, in our original disposition, decide whether the police had probable cause to arrest Alford for obstructing a law enforcement offi- cer or for impersonating a law enforcement officer. See 125 S. Ct. at 595. Our review of the record below reveals that the jury did not have occasion to pass on this question either. In fact, the jury received no instruction on the elements of any *2 A v. H ANER offense for which Alford might have been arrested other than a violation of Washington’s Privacy Act.
We therefore REMAND the case to the district court for retrial on the alternate theories indicated by the Supreme Court.
PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.