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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MALAIKA BROOKS,
Plaintiff-Appellee,
v.
CITY OF SEATTLE,
Defendant,
and No. 08-35526
STEVEN L. DAMAN, in his capacity D.C. No.
as an officer of the Seattle Police 2:06-cv-01681-RAJ
Department; DONALD M. JONES, in ORDER his individual capacity as an
officer of the Seattle Police
Department; JUAN M. ORNELAS, in
his individual capacity as an
officer of the Seattle Police
Department,
Defendants-Appellants.
Filed September 30, 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.
16759
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