FILED UNITED STATES COURT OF APPEALS JUL 12 2016 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

STEVEN PECK; et al., No. 14-15526

Plaintiffs-Appellants, D.C. No. 2:12-cv-01371-JAT District of Arizona, v. Phoenix

MARGARET HINCHEY, individually and in her official capacity as a peace ORDER officer with the Arizona Attorney General’s Office; et al.,

Defendants-Appellees.

STEVEN PECK; et al., No. 14-15717

Plaintiffs-Appellees, D.C. No. 2:12-cv-01371-JAT District of Arizona, v. Phoenix

MARGARET HINCHEY, individually and in her official capacity as a peace officer with the Arizona Attorney General’s Office,

Defendant-Appellant.

Before: BYBEE, and N.R. SMITH, Circuit Judges, and KORMAN,* District Judge.

* The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. The Memorandum Disposition filed June 16, 2016 is amended as follows:

On page 3, in the first full paragraph, after the last sentence that begins, “We affirm the district court’s decision . . . ” insert the following sentence: “As the district court based its dismissal of these claims on immunity grounds, we decline to address in the first instance Hinchey’s alternative bases for dismissal of Counts I, II, and III, and leave these to the district court to consider on remand.”

With this amendment, the panel has voted to deny the petition for panel

rehearing. Appellant’s petition for rehearing, filed June 30, 2016, is DENIED. The

panel will not entertain future petitions for rehearing.

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