The Washington Legal Foundations motion for leave to file brief as amicus curiae in support of Appellees petition for rehearing en banc is GRANTED .
The panel votes to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.
The opinion, filed on February 5, 2018, is amended. On page 40, after the sentence, We vacate the order dismissing Newtons claims and remand to the district court for further proceedings consistent with this opinion[,] the following footnote is added: We reserve for the district courts consideration on remand the question whether our holding should be applied retrospectively. See Huson , 404 U.S. at 355.
With the foregoing amendment, the petition for rehearing en banc, filed March 22, 2018, is DENIED . No further petitions for rehearing will be entertained.