Troy Mattos v. Darren Agarano

Oct 4, 2010

08-15567

Versions:625 F.3d 1132

2010 WL 3931122

2010 U.S. App. LEXIS 20425

Eric A. Seitz, Esquire, Lawrence I. Kawasaki, Esquire, Law Office of Eric A. Seitz, Della Au Belatti, Honolulu, HI, for Plaintiffs-Appellees.

Moana Monique Lutey, Deputy Corporation Counsel, Department of the Corporation Counsel, Wailuku, HI, for Defendants-Appellants.

ORDER

KOZINSKI, Chief Judge:

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

Dale A. Baieh, Esquire, Assistant Federal Public Defender, Keith Hilzendeger, Assistant Federal Public Defender, Robin C. Konrad, Esquire, Assistant Federal Public Defender, Jon M. Sands, Federal Public Defender, Sarah Elizabeth Stone, Assistant Federal Public Defender, Karen Marie Wilkinson, Assistant Federal Public Defender, FPDAZ-Federal Public Defender‘s Office, Phoenix, AZ, Sylvia J. Lett, Esquire, Assistant Federal Public Defender, FPDAZ-Federal Public Defender‘s Office, Tucson, AZ, for Plaintiff-Appellee.

Kent Ernest Cattani, Chief Counsel, Arizona Attorney General‘s Office, Phoenix, AZ, for Defendants-Appellants.

Before: PAMELA ANN RYMER, KIM McLANE WARDLAW, and WILLIAM A. FLETCHER, Circuit Judges.

Concurrence by Judge WARDLAW; Dissent by Chief Judge KOZINSKI.

ORDER

A judge of this court sua sponte called for this case to be reheard en banc. A vote was taken, and a majority of the