Frank Loher v. Todd Thomas

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FRANK O. LOHER, No. 14-16147 Petitioner-Appellee, D.C. No. v. 1:11-cv-00731-LEK-KSC TODD THOMAS, Respondent-Appellant. OPINION Appeal from the United States District Court for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding Argued and Submitted October 13, 2015 Honolulu, Hawaii Filed June 17, 2016 Before: Diarmuid F. O’Scannlain, Richard C. Tallman, and Milan D. Smith, Jr., Circuit Judges. Opinion by Judge O’Scannlain; Partial Concurrence and Partial Dissent by Judge Tallman; Partial Concurrence and…