Friday, October 02, 2009

Millander v. County of Los Angeles (9th Cir. - Oct. 2, 2009)

What happens when a three-judge panel (1) issues three separate opinions, (2) has a dubious holding (at least as I saw it), (3) contains, in the words of the concurrence, a "strong dissent," and (4) even the concurring judge says that the case is at "the outer limits of our tolerance" for official misconduct and expressly concurs only "with deep regret"?

Answer: It gets taken en banc.