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SMITH v. McCORD

No. 12-2041.

707 F.3d 1161 (2013)

John F. SMITH, Plaintiff-Appellant, v. Robert McCORD; Jeremy Storey, police officers employed by the City of Las Cruces Police Department, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Ordered Published February 15, 2013.

Attorney(s) appearing for the Case

Santiago E. Juárez of Law Office of Santiago E. Juárez, Albuquerque, NM, for Plaintiff-Appellant.

William R. Babington, Jr. , Deputy City Attorney, City of Las Cruces, NM, for Defendants-Appellees.

Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

GORSUCH, Circuit Judge.

This case presents us with an unfortunate tale of poor lawyering. A 75 year-old man, John Smith, was in his home when he heard noises coming from his front yard. Mr. Smith opened his front door and was surprised to see an array of police officers, EMTs, police cars, and fire trucks splayed in front of his house. A suicidal man with knives was on the sidewalk and authorities were attempting to take...

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