ORDER
The judgment of this court, 351 F.3d 372 (9th Cir. 2003), was reversed by the United States Supreme Court. We remand to the district court for further proceedings consistent with the decision of the Supreme Court. See Brosseau v. Haugen, ___ U.S. ___, 125 S.Ct. 596, ___ L.Ed.2d ___ (2004).