FILED NOT FOR PUBLICATION MAR 30 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AUGUSTA MILLENDER; et al., No. 07-55518 Plaintiffs - Appellees, D.C. No. CV-05-02298-DDP Central District of California, v. Los Angeles COUNTY OF LOS ANGELES; et al., ORDER Defendants - Appellants, and LOS ANGELES COUNTY SHERIFF’S DEPARTMENT; et al., Defendants.

On Remand from the United States Supreme Court Before: KOZINSKI, Chief Judge, SILVERMAN, GRABER, FISHER, TALLMAN, RAWLINSON, BYBEE, CALLAHAN, M. SMITH, and IKUTA, Circuit Judges.* In light of the Supreme Court’s decision in Messerschmidt v. Millender, 132 S.Ct. 1235 (2012), the district court’s determination that officers Lawrence and

* Judge Rymer passed away before the Supreme Court issued its decision in this case.

Messerschmidt are not entitled to qualified immunity is REVERSED, and the case is remanded for further proceedings consistent with Messerschmidt.

* Judge Rymer passed away before the Supreme Court issued its decision in this case.