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Demers v. Austin

United States Court of Appeals, Ninth Circuit

January 29, 2014

DAVID K. DEMERS, Plaintiff-Appellant,
v.
ERICA AUSTIN; ERICH LEAR; WARWICK M. BAYLY; FRANCES MCSWEENEY, Defendants-Appellees

Argued and Submitted, Seattle, Washington November 7, 2012.

Page 403

[Copyrighted Material Omitted]

Page 404

[Copyrighted Material Omitted]

Page 405

Appeal from the United States District Court for the Eastern District of Washington. D.C. No. 2:09-cv-00334-RHW. Robert H. Whaley, Senior District Judge, Presiding.

Judith A. Endejan (argued), Graham & Dunn, PC, Seattle, Washington, for Plaintiff-Appellant.

Kathryn M. Battuello (argued) and Catherine Hendricks, Office of the Washington Attorney General, Seattle, Washington, for Defendants-Appellees.

John Joshua Wheeler, Thomas Jefferson Center, Charlottesville, Virginia, for Amici Curiae American Association of University Professors and the Thomas Jefferson Center for the Protection of Free Expression.

Before: William A. Fletcher and Raymond C. Fisher, Circuit Judges, and Gordon J. Quist, Senior District Judge.[*]

OPINION

W. Fletcher Judge.

Page 406

ORDER

The opinion filed on September 4, 2013, and published at 729 F.3d 1011, is withdrawn and replaced by the attached opinion.

With the filing of this new opinion, the panel has voted to deny the petition for rehearing. Judge W. Fletcher has voted to deny the petition for rehearing en banc; and Judges Fisher and Quist so recommend.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for rehearing and the petition for rehearing en banc, filed October 3, 2013, are DENIED.


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