United States Tenth Circuit

In a 42 U.S.C. section 1983 action against police officers and city arising from events that transpired during an antiwar rally at the University of New Mexico, denial of defendant-police captain's motion for summary judgment is affirmed where: 1) the district court correctly found that defendant was not entitled to qualified immunity for directing the arrests of and authorizing the use of force against certain plaintiffs; 2) the rights underlying those claims were clearly established; 3) as to a First Amendment retaliation claim, defendant's challenges failed because the right to peaceful assembly and freedom of speech is clearly established; and 4) the circuit court was without jurisdiction to consider factual disputes regarding the remainder of defendant's challenges.

Appellate Information

• Decided 12/09/2008
• Published 12/10/2008

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, BRISCOE, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jerry A. Walz, Walz and Associates, Cedar Crest, NM for Defendant-Appellant., Carolyn M. Nichols, Rothstein, Donatelli, Dahlstrom, Hughes, Schoenburg & Bienvenu, LLP, Albuquerque, NM (with Mary Louise Boelke, Kennedy & Oliver, Albuquerque, New Mexico on the brief), for Plaintiffs-Appellees.