Lombardo v. Warner

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JAMES LOMBARDO,  No. 02-35269 Plaintiff-Appellant, D.C. No. v. CV-98-03001- BRUCE WARNER, in his official  MRH(JPC) capacity as Director of the Oregon District of Department of Transportation, Oregon, Medford Defendant-Appellee.  ORDER Appeal from the United States District Court for the District of Oregon Michael R. Hogan, District Judge, Presiding Argued and Submitted En Banc October 12, 2004—San Francisco, California Filed March 5, 2007 Before: Mary M. Schroeder, Chief Circuit Judge, Warren J. Ferguson, Andrew J.…