Diaz v. Gates, 02-56818.
| Decision Date | 18 November 2004 |
| Docket Number | No. 02-56818.,02-56818. |
| Citation | 389 F.3d 869 |
| Parties | David DIAZ, Plaintiff-Appellant, v. Daryl GATES; Willie L. Williams; Richard Alarcon; Richard Alatorre; Hal Bernson; Marvin Braude; Laura Chick; John Ferraro; Michael Feuer; Ruth Galanter; Nate Holden, et al., Defendants, and Bernard C. PARKS, Chief of Los Angeles Police Department, Defendant — Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Stephen Yagman, Yagman & Yagman, Venice, CA, for Plaintiff-Appellant.
Janet G. Bogigian, Amy Jo Field, Deputy City Attorney, Los Angeles, CA, for Defendants-Appellees.
Before: SCHROEDER. Chief Judge.
ORDER
Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.
1. Judges O'Scannlain and Fisher are recused.
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Diaz v. Gates
...prejudice. A divided panel of our court affirmed. Diaz v. Gates, 380 F.3d 480 (9th Cir.2004). We took the case en banc. Diaz v. Gates, 389 F.3d 869 (9th Cir.2004). Analysis 1. The district judge, citing Oscar v. University Students Co-operative Ass'n, 965 F.2d 783 (9th Cir.1992) (en banc), ......
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United States v. Jones
...(ECF No. 35 at 14.) However, each of these cases is distinguishable from Petitioner's case in material ways. United States v. Mann, 389 F.3d 869, 872 (9th Cir. 2004) and United States v. Summer, No. 8:20CR22, 2021 U.S. Dist. LEXIS 141036, at *2 (D. Neb. July 28, 2021) both involved defendan......
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United States v. Rodriguez
... ... neutral and independent finding of probable cause. See ... Illinois v. Gates, 462 U.S. 213, 239 (1983). This Court ... reviews such determinations with “great ... ...