KLEINFELD, Circuit Judge, concurring: I concur. The reason that I write separately is that section III(B) is unnecessary to the opinion and should be deleted. In section III(C) and (D), we hold that the Menkus declaration is not competent evidence, and without it, the city failed to establish a genuine issue of fact. 1 As we say in section III(D), “Even if we ignore those si…
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