FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NICHOLAS B. DELIA,  Plaintiff-Appellant, v. CITY OF RIALTO, a Public Entity; CITY OF RIALTO FIRE DEPARTMENT, a Public Agency; STEPHEN C. No. 09-55514 WELLS, Individually and as the D.C. No. Fire Chief for the City of Rialto; MIKE PEEL, Individually and as  2:08-cv-03359-R- Battalion Chief for the City of PLA Rialto; FRANK BEKKER, ORDER Individually and as Battalion Chief for the City of Rialto; STEVE A.

FILARSKY, Individually and as an Internal Affairs Investigator for the City of Rialto, Defendants-Appellees.  On Remand from the United States Supreme Court Filed June 19, 2012 Before: Alfred T. Goodwin, Johnnie B. Rawlinson, Circuit Judges, and Mark W. Bennett, District Judge.*

*The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa, sitting by designation.

7063 7064 DELIA v. CITY OF RIALTO ORDER In light of the United States Supreme Court’s decision in Filarsky v. Delia, ___ S. Ct. ___, 2012 WL 1288731 (Apr. 17, 2012), the judgment of the district court is affirmed. The man- date shall issue forthwith. See FED. R. APP. P. 4(b).

REMANDED