
    Malaika BROOKS, Plaintiff-Appellee, v. CITY OF SEATTLE, Defendant, and Steven L. Daman, in his capacity as an officer of the Seattle Police Department; Donald M. Jones, in his individual capacity as an officer of the Seattle Police Department; Juan M. Ornelas, in his individual capacity as an officer of the Seattle Police Department, Defendants-Appellants.
    No. 08-035526.
    United States Court of Appeals, Ninth Circuit.
    Sept. 30, 2010.
    Eric L. Zubel, Esquire, Eric Zubel PC, Seattle, WA, for Plaintiff-Appellee.
    Ted Buck, Esquire, Karen Cobb, Stafford Frey Cooper, Seattle, WA, for Defendants-Appellants.
    D.C. No. 2:06-cv-01681-RAJ.
   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.  