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MARTINEZ v. CARR

No. 06-2069.

479 F.3d 1292 (2007)

Jeramy MARTINEZ, Plaintiff-Appellee, v. Theodore CARR, a public employee with the New Mexico Department of Public Safety, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 27, 2007.

Attorney(s) appearing for the Case

Jerry A. Walz, Walz and Associates, Cedar Crest, NM, for Defendant-Appellant.

Marcel Krzystek, Killmer & Lane, Denver Colorado, (Joseph P. Kennedy, Kennedy & Oliver, Albuquerque, NM, on the brief), for Plaintiff-Appellee.

Before BRISCOE, EBEL, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Jeramy Martinez seeks damages from New Mexico State Police Officer Theodore Carr pursuant to 42 U.S.C. § 1983, alleging that Officer Carr unreasonably seized him in violation of the Fourth Amendment by issuing him a criminal citation and threatening jail if he declined to sign the citation. Before the district court, Officer Carr claimed qualified immunity and moved for summary judgment. The district court denied summary judgment, and...

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