FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MALAIKA BROOKS,  Plaintiff-Appellee, v. CITY OF SEATTLE, Defendant, and No. 08-35526

 STEVEN L. DAMAN, in his capacity D.C. No. as an officer of the Seattle Police 2:06-cv-01681-RAJ Department; DONALD M. JONES, in his individual capacity as an ORDER officer of the Seattle Police Department; JUAN M. ORNELAS, in his individual capacity as an officer of the Seattle Police Department, Defendants-Appellants.  Filed September 30, 2010

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.

16759