KERNS v. BADER

Nos. 09-2273, 10-2103, 10-2106.

663 F.3d 1173 (2011)

Jason KERNS; Archie Kerns; Mary Ann Kerns, Plaintiffs-Appellees, v. Albuquerque Police Department Officers Drew BADER; Matt Thompson; Russell Carter, in their individual capacities, Defendants-Appellants, and Board of Commissioners of Bernalillo County; Bernalillo County Sheriff Darren White, in his individual and his official capacity; Bernalillo County Sheriff's Detectives Brian Lindley; Ralph Gonzales; James Hamsten, in their individual capacities; Bernalillo County Sheriff Deputies Lawrence Koren; Sean Connors; Aaron Wright; Timothy Hix; Rhonda Moya, in their individual capacities; The City of Albuquerque; Albuquerque Police Department Officers Robert Johnston; James Montoya, in their individual capacities; Metropolitan Forensic Science Center Firearm and Tool Mark Examiner Mike Haag, in his individual capacity; John Does 1-10, in their individual capacities, Defendants. Jason Kerns; Archie Kerns; Mary Ann Kerns, Plaintiffs-Appellees, v. Board of Commissioners of Bernalillo County; Bernalillo County Sheriff Darren White, in his individual and his official capacity; Bernalillo County Sheriff Detective Brian Lindley; Bernalillo County Sheriff Deputy, Lawrence Koren, Defendants-Appellants, and Bernalillo County Sheriff's Detectives Ralph Gonzales, and James Hamsten, in their individual capacities; Sean Connors, Aaron Wright, Timothy Hix, and Rhonda Moya, in their individual capacities; The City of Albuquerque, Albuquerque Police Department Officer Drew Bader, Matt Thompson, Russell Carter, Robert Johnston and James Montoya, in their individual capacities; Metropolitan Forensic Science Center Firearm and Tool Mark Examiner Mike Haag, in his individual capacity; and John Does 1-10, in their individual capacities, Defendants. Mike Haag; Jason Kerns; Archie Kerns; Mary Ann Kerns, Plaintiffs-Appellees, v. Metropolitan Forensic Science Center Firearm and Tool Mark Examiner Mike Haag, in his individual capacity, Defendant-Appellant, and Board of Commissioners of Bernalillo County, Bernalillo County Sheriff Darren White, in his individual and his official capacity; Bernalillo County Sheriff's Detectives Brian Lindley, Ralph Gonzales, and James Hamsten, in their individual capacities; Bernalillo County Sheriff Deputies Lawrence Koren, Sean Connors, Aaron Wright, Timothy Hix, and Rhonda Moya, in their individual capacities; The City of Albuquerque, Albuquerque Police Department Officers Drew Bader, Matt Thompson, Russell Carter, Robert Johnston and James Montoya, in their individual capacities; and John Does 1-10, in their individual capacities, Defendants.

United States Court of Appeals, Tenth Circuit.

December 20, 2011.


Attorney(s) appearing for the Case

Stephanie M. Griffin , Assistant City Attorney, City of Albuquerque Legal Department, Albuquerque, NM, and Daniel J. Macke , Robles, Rael & Anaya, P.C., for Defendants-Appellants.

Marc M. Lowry , Rothstein, Donatelli, Hughes, Dahlstrom, Schoenberg & Bienvenu, LLP, Albuquerque, NM, for Plaintiffs-Appellees.

Before O'BRIEN, HOLLOWAY, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

Do we have to decide a qualified immunity appeal involving close questions of law that the district court hasn't yet addressed? Do the police violate a suspect's clearly established rights by requesting his hospital records? And do authorities have probable cause to arrest a trained marksman who makes suspicious statements in the wake of a shooting, who leads officers on a high speed chase, and who has a recently concealed rifle shell casing...

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