
    Steven FISHER, Plaintiff-Appellee, and Sandra Fisher, Plaintiff, v. CITY OF SAN JOSE, Defendant-Appellant, and City of San Jose Police Department; Officer Boler; Officer Barnett; Officer Correa; Officer Esquivel; Officer Honda; Officer Kinsworthy; Officer O’brien; Officer Ryan; Officer Nguyen, Defendants.
    No. 04-16095.
    United States Court of Appeals, Ninth Circuit.
    March 14, 2008.
    Dennis A. Lempert, Esq., Santa Clara, CA, Donald E.J. Kilmer, Jr., Esq., Law Offices of Donald Kilmer, San Jose, CA, for Plaintiff-Appellee.
    Clifford S. Greenberg, Esq., San Jose City Attorney’s Office, San Jose, CA, for Defendant-Appellant.
    D.C. No. CV-01-21192-PVT, Northern District of California, San Jose.
   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.  