No. 20-55622
02-17-2023
J. K. J., individually, and successor in interest to the Deceased Aleah Jenkins, by and through his guardian-ad-litem Jeremy Hillyer, Plaintiff-Appellant, v. CITY OF SAN DIEGO, a public entity; David Nislet, in his individual capacity and official capacity as Police Chief of the San Diego Police Department; Lawrence Durbin, an individual; Jason Taub, an individual; Does, 1-10, Inclusive, Defendants-Appellees, and Nicholas Casicola, Defendant.
MURGUIA, Chief Judge
D.C. No. 3:19-cv-02123-CAB-RBB, Southern District of California, San Diego
ORDER
MURGUIA, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.