United States Tenth Circuit
York v. City of Las Cruces, No. 07-2150
In a 42 U.S.C. section 1983 action alleging violations of plaintiff's First and Fourth Amendment claims, denial of qualified immunity for defendants-police officers is affirmed where: 1) accepting plaintiff's version of events as true, a fact finder could easily find constitutional violations; 2) plaintiff's right not to be arrested for saying an expletive under the circumstances was clearly established; and 3) defendants waived a claim that officers had probable cause to believe that plaintiff had committed the offense of disturbing the peace based on his discussion with an officer about the legality of his conduct.
Appellate Information
- Decided 04/22/2008
- Published 04/23/2008
Judges
- ANDERSON, Circuit Judge., Before KELLY, McKAY, and ANDERSON, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Submitted on the briefs:
- For Appellees:
- Jared Abrams, Senior Assistant City Attorney, Las Cruces, NM, for Defendants-Appellants., William A. Walker, Jr., P.C., Las Cruces, NM, for Plaintiffs-Appellees.