United States Tenth Circuit

Summary judgment for defendants on claims brought by a decedent's personal representative under 42 U.S.C. section 1983 and state tort law arising from police officers' shooting of the decedent is affirmed where any tort claims arising out of defendants' alleged intentional misconduct did not survive the decedent's unrelated death while swimming months later, and defendants' immunity was not waived on a negligence claim.

Appellate Information

• Decided 05/18/2006
• Published 05/18/2006

Judges

• TYMKOVICH, Circuit Judge., Before TYMKOVICH, McKAY, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Paul J. Kennedy, Mary C. Han, Adam S. Baker, Kennedy & Han, P.C., Albuquerque, New Mexico, for Plaintiff-Appellant.


• For Appellees:
  
• Lisa Mann, Erin E. Langenwalter, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, New Mexico, for Defendants-Appellees.