United States Tenth Circuit

In an interlocutory appeal involving an action against a city's police officers alleging constitutional violations under 42 U.S.C. section 1983 and state law tort claims, denial of defendant's motion for summary judgment is affirmed in part, reversed in part, and dismissed in part where: 1) the use of force in underlying case did not entitle defendants to qualified immunity; and 2) the circuit court lacked jurisdiction over defendants' state-law appeals.

Appellate Information

• Decided 04/18/2008
• Published 04/21/2008

Judges

• LUCERO, Circuit Judge., Before LUCERO, EBEL, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jerry A. Walz, Walz and Associates, Cedar Crest, NM, for Defendants-Appellants., Luis Robles, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants-Appellants., Paul J. Kennedy (Mary Y.C. Han, with him on the briefs), Kennedy & Han, P.C., Albuquerque, NM, for Plaintiff-Appellee.