United States Tenth Circuit

In an action brought under 42 U.S.C. section 1983 against defendants-officers and city claiming illegal arrest, excessive force, inadequate medical attention, and failure to train city's police officers adequately, partial denial of summary judgment for defendants based on qualified immunity is affirmed in part and reversed in part where: 1) defendant-officer was entitled to qualified immunity on an illegal arrest claim as plaintiff's statement that he "had one beer three hours ago" provided her with reasonable suspicion to conduct field sobriety tests, or at the very least provided her with "arguable reasonable suspicion" entitling her to qualified immunity; but 2) qualified immunity was properly denied on an excessive force claim for unduly tight handcuffing.

Appellate Information

• Decided 08/05/2008
• Published 08/06/2008

Judges

• BRISCOE, Circuit Judge., Before TACHA, BRISCOE, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David P. Lutz (William L. Lutz with him on the briefs), Martin, Lutz, Roggow, Hosford & Eubanks, P.C., Las Cruces, NM, for Appellants/Cross-Appellees., Barry J. Byrnes, Las Cruces, NM, for Appellee/Cross-Appellant.