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TANBERG v. SHOLTIS

No. 03-2231.

401 F.3d 1151 (2005)

Deena TANBERG, and Valerie Ortega, Plaintiffs-Appellants, v. Officer Tom SHOLTIS, of the Albuquerque Police Department, in his official and individual capacities; City of Albuquerque, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 16, 2005.

Attorney(s) appearing for the Case

Jason Bowles, (Mark D. Jarmie with him on the brief) Sharp, Jarmie & Bowles, Albuquerque, NM, for Plaintiffs-Appellants.

Richard A. Sandoval, (Kenneth C. Downes with him on the brief) Downes & Sandoval, P.C., Albuquerque, NM, for Defendant-Appellee Tom Sholtis.

Kathryn Levy, Deputy City Attorney, City of Albuquerque, Albuquerque, NM, on the brief, for Defendant-Appellee City of Albuquerque.

Before LUCERO, McCONNELL, and ANDERSON, Circuit Judges.

McCONNELL, Circuit Judge.

Following their arrest for being in a municipal park after it was closed, the Plaintiffs, Deena Tanberg and Valerie Ortega, brought suit asserting state and federal claims of false arrest, a federal claim of excessive force, and state law claims of assault and battery against the Defendants, Officer Tom Sholtis and the City of Albuquerque. After ordering a bifurcated trial, the district court granted Officer Sholtis's motion for judgment...

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