Narrative Opinion Summary
The United States Court of Appeals for the Ninth Circuit addressed the case of Benito Acosta versus the City of Costa Mesa and several city officials, including Mayor Allan Mansoor and Chief of Police John Hensley, among others. The appeal originates from the Central District of California, presided over by District Judge David O. Carter. On July 9, 2012, arguments were presented, and a decision was issued on February 25, 2013. The court granted a petition for panel rehearing, resulting in the withdrawal of a prior opinion filed on September 5, 2012, which was reported at 694 F.3d 960. The court clarified that the withdrawn opinion cannot be cited as precedent in this or any district court within the Ninth Circuit. The withdrawal of the opinion also rendered moot the petition for rehearing en banc. Judge Dee V. Benson participated in the proceedings by designation from the U.S. District Court for the District of Utah.
Legal Issues Addressed
Effect of Withdrawn Judicial Opinionssubscribe to see similar legal issues
Application: The court clarified that a withdrawn opinion cannot be cited as precedent in future cases within the jurisdiction of the Ninth Circuit.
Reasoning: The court clarified that the withdrawn opinion cannot be cited as precedent in this or any district court within the Ninth Circuit.
Mootness of Petitions Following Opinion Withdrawalsubscribe to see similar legal issues
Application: The withdrawal of the opinion rendered moot any pending petitions for rehearing en banc.
Reasoning: The withdrawal of the opinion also rendered moot the petition for rehearing en banc.
Panel Rehearing in Appellate Proceduresubscribe to see similar legal issues
Application: The court granted a petition for panel rehearing, which resulted in the withdrawal of a previously filed opinion.
Reasoning: The court granted a petition for panel rehearing, resulting in the withdrawal of a prior opinion filed on September 5, 2012, which was reported at 694 F.3d 960.