John Teixeira v. County of Alameda

Dec 27, 2016

13-17132

Versions:854 F.3d 1046

2016 WL 7494873

2016 U.S. App. LEXIS 23289

fornia law violates the Bill of Attainder Clause, U.S. Const. art. I, § 10, cl. 1 (the “bill of attainder claim“), and the Equal Protection Clause, U.S. Const. amend. XIV, § 1 (the “equal protection claim“). We conclude that the district court correctly dismissed the bill of attainder claim, but erroneously dismissed the equal protection claim. We therefore AFFIRM in part and REVERSE in part, and REMAND the case to the district court for further proceedings with respect to the equal protection claim only. A written opinion giving the court‘s reasoning will follow in due course. The time for filing any petition for rehearing or petition for rehearing en banc shall be extended and shall not begin to run until the court has filed its written opinion giving its reasoning.

ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.