Robert Norse v. City of Santa Cruz

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 ROBERT NORSE,
Plaintiff-Appellant,
v.
CITY OF SANTA CRUZ; CHRISTOPHER
KROHN, individually and in his
official capacity as Mayor of the
City of Santa Cruz; TIM No. 07-15814
FITZMAURICE; KEITH A. SUGAR; D.C. No.EMILY REILLY; ED PORTER; SCOTT  CV-02-01479-RMWKENNEDY; MARK PRIMACK,
individually and in their official ORDER
capacities as Members of the
Santa Cruz City Council; LORAN
BAKER, individually and in his
official capacity as Sergeant of the
Santa Cruz Police Department;
STEVEN CLARK,
Defendants-Appellees. 
Filed March 12, 2010
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.
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