Juan Manuel Morales v. City of San Rafael and Daniel Hulett , 108 F.3d 981 ( 1997 )

108 F.3d 981

Juan Manuel MORALES, Plaintiff-Appellant,
v.
CITY OF SAN RAFAEL and Daniel Hulett, Defendants-Appellees.

No. 94-15523.

United States Court of Appeals,
Ninth Circuit.

Jan. 13, 1997.
Ordered Published March 25, 1997.

Before D.W. NELSON, REINHARDT, and KLEINFELD, Circuit Judges.

ORDER

1

The order filed January 13, 1997, is ordered PUBLISHED.

ORDER

January 13, 1997

2

The opinion filed September 6, 1996, is amended as follows:

3

1) In the reported opinion, at 96 F.3d 359, 363 (9th Cir.1996), add the following sentence to the end of the first partial paragraph:

4

"Nominal damages" is not limited to an award in the amount of $1, but includes an award that may properly be classified as "de minimis."

5

With this amendment to the opinion, a majority of the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

6

The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor or rehearing en banc. Fed.R.App.P. 35.

7

The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.