Opinion
No. 10–56854.
2013-02-25
Benito ACOSTA, Plaintiff–Appellant, v. CITY OF COSTA MESA; Allan Mansoor, Mayor of the City of Costa Mesa, in his official and individual capacities, Defendants–Appellees, John Hensley, Chief of Police, Costa Mesa Police Department; David Andersen; David Dehuff; John Doezie; Bryan Glass; Daniel Guth; David Makiyama; Jeff Tobin; Derek Trusk, in their official and individual capacities, Defendants.
Belinda E. Helzer, ACLU Foundation of Southern California, Orange, CA, for Plaintiff–Appellant. M. Lois Boback (argued) and Daniel K. Spradlin, Woodruff, Spradlin & Smart, APC, Costa Mesa, CA, for Defendants–Appellees.
Belinda E. Helzer, ACLU Foundation of Southern California, Orange, CA, for Plaintiff–Appellant. M. Lois Boback (argued) and Daniel K. Spradlin, Woodruff, Spradlin & Smart, APC, Costa Mesa, CA, for Defendants–Appellees.
Appeal from the United States District Court for the Central District of California, David O. Carter, District Judge, Presiding. D.C. No. 8:06–cv–00233–DOC–MLG, Central District of California, Santa Ana.
Before: RICHARD C. TALLMAN and N. RANDY SMITH, Circuit Judges, and DEE V. BENSON, District Judge.
ORDER
The petition for panel rehearing is granted and the opinion filed September 5, 2012, and appearing at 694 F.3d 960 (9th Cir.2012), is withdrawn. Carver v. Lehman, 558 F.3d 869, 878–79 (9th Cir.2009) (a panel may withdraw an opinion sua sponte before the mandate issues). It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. Withdrawal of the opinion moots the petition for rehearing en banc.
The Honorable Dee V. Benson, District Judge for the U.S. District Court for the District of Utah, sitting by designation.