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HERNANDEZ v. STORY

No. 11-2074.

APOLONIO HERNANDEZ, Plaintiff-Appellee, v. JEREMY STORY and JUSTIN DUNIVAN, in their individual capacities, Defendants-Appellants, and CITY OF LAS CRUCES, NEW MEXICO; DANIEL LOPEZ, Defendants.

United States Court of Appeals, Tenth Circuit.

January 25, 2012.

ORDER AND JUDGMENT*

NEIL M. GORSUCH, Circuit Judge.

This is a case about a drunken brawl and the demands of qualified immunity. Apolonio Hernandez and Miguel Lopez had a knock down, drag out fist fight that left Mr. Lopez in the hospital. Two police officers — Jeremy Story and Justin Dunivan — pursued battery charges against Mr. Hernandez, but ultimately failed to secure a conviction. Mr. Hernandez responded...

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