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YORK v. CITY OF LAS CRUCES

No. 07-2150.

523 F.3d 1205 (2008)

James YORK; Jodie York, Plaintiffs-Appellees, v. The CITY OF LAS CRUCES, Defendant, and Chris Gallegos; Frank Lucero; Greg Martinez, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 22, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jared Abrams, Senior Assistant City Attorney, Las Cruces, NM, for Defendants-Appellants.

William A. Walker, Jr., P.C., Las Cruces, NM, for Plaintiffs-Appellees.

Before KELLY, McKAY, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

Plaintiff James York has sued the defendant police officers, Chris Gallegos, Frank Lucero, and Greg Martinez, under 42 U.S.C. § 1983, for violating his First and Fourth Amendment rights when they arrested him for saying "bitch" in a public place and used excessive force during the arrest. The police officers moved for summary judgment on the grounds of qualified immunity, arguing that their...

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