United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging an unlawful arrest, judgment for defendants is affirmed in part where the district court did not abuse its discretion by declining to give an involuntary transportation instruction, because defendants conceded that transporting plaintiffs to the police station was equivalent to an arrest. However, the ruling is reversed in part where defendants lacked probable cause to arrest plaintiffs as a matter of law.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• McCONNELL, Circuit Judge., Before LUCERO, HOLLOWAY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Paul J. Kennedy, Kennedy & Han, P.C. (Mary Y.C. Han, Kennedy & Han, P.C., and Caren I. Friedman, Santa Fe, New Mexico, with him on the briefs), Albuquerque, NM, for Plaintiffs-Appellants.


• For Appellees:
  
• Lisa Eutes Pullen, Civerolo, Gralow, Hill & Curtis, P.A., (Megan Day Hill, Civerolo, Gralow, Hill & Curtis, P.A., and Kathryn Levy, Deputy City Attorney), Albuquerque, NM, for Defendants-Appellees.