Nicholas B. Delia v. City of Rialto, a Public Entity

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 NICHOLAS B. DELIA,
Plaintiff-Appellant,
v.
CITY OF RIALTO, a Public Entity;
CITY OF RIALTO FIRE DEPARTMENT,
a Public Agency; STEPHEN C. No. 09-55514
WELLS, Individually and as the D.C. No.Fire Chief for the City of Rialto; 2:08-cv-03359-R-  MIKE PEEL, Individually and as PLABattalion Chief for the City of
Rialto; FRANK BEKKER, ORDER
Individually and as Battalion Chief
for the City of Rialto; STEVE A.
FILARSKY, Individually and as an
Internal Affairs Investigator for
the City of Rialto,
Defendants-Appellees. 
On Remand from the United States Supreme Court
Filed June 19, 2012
Before: Alfred T. Goodwin, Johnnie B. Rawlinson,
Circuit Judges, and Mark W. Bennett, District Judge.*
*The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa, sitting by designation.
7063

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ORDER
In light of the United States Supreme Court’s decision in
Filarsky v. Delia, ___ S. Ct. ___, 2012 WL 1288731 (Apr. 17,
2012), the judgment of the district court is affirmed. The man-
date shall issue forthwith. See FED. R. APP. P. 4(b).
REMANDED
7064 DELIA v. CITY OF RIALTO

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