Michael Lacey; Jim Larkin; Phoenix New Times, LLC v. Maricopa County, a public entity, JOSEPH ARPAIO, Sheriff

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 MICHAEL LACEY; JIM LARKIN;
PHOENIX NEW TIMES, LLC,
Plaintiffs-Appellants,
v.
No. 09-15703 MARICOPA COUNTY, a public entity,
JOSEPH ARPAIO, Sheriff, and AVA D.C. No. ARPAIO, husband and wife; DENNIS 2:08-cv-00997-
WILENCHIK and BECKY BARTNESS, SRB
husband and wife; JOHN DOES I-X;
JANE DOES I-X; BLACK
CORPORATIONS, I-V; and WHITE
PARTNERSHIPS, I-V,
Defendants-Appellees.
20217

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 MICHAEL LACEY; JIM LARKIN;
PHOENIX NEW TIMES, LLC,
Plaintiffs-Appellees,
v.
JOSEPH M. ARPAIO, Sheriff and
husband; AVA ARPAIO, wife; JOHN No. 09-15806
DOES I-X; JANE DOES I-X; BLACK D.C. No.
CORPORATIONS, I-V; WHITE 2:08-cv-00997- PARTNERSHIPS, I-V; MARICOPA SRB
COUNTY ATTORNEY’S OFFICE, a public ORDER entity,
Defendants,
and
DENNIS WILENCHIK; BECKY BARTNESS,
wife,
Defendants-Appellants.
Filed November 10, 2011
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.
Judges Silverman and Murguia did not participate in the
deliberations or vote in this case.
20218 LACEY v. MARICOPA COUNTY

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