J. K. J., individually v. City of San Diego, a public entity

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
J. K. J., individually, and successor in
interest to the Deceased Aleah Jenkins, by by
and through his guardian-ad-litem Jeremy
Hillyer,
Plaintiff-Appellant,
v.
CITY OF SAN DIEGO, a public entity;
DAVID NISLET, in his individual capacity
and official capacity as Police Chief of the
San Diego Police Department; LAWRENCE
DURBIN, an individual; JASON TAUB, an
individual; DOES, 1-10, Inclusive,
Defendants-Appellees,
and
NICHOLAS CASICOLA,
Defendant.
No. 20-55622
D.C. No.
3:19-cv-02123-CAB-RBB
Southern District of California,
San Diego
ORDER
MURGUIA, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)
and Circuit Rule 35-3. The three-judge panel opinion is vacated.
FILED
FEB 17 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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