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SMITH v. McCORD

No. 12-2041.

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.

February 15, 2013.

Attorney(s) appearing for the Case

Submitted on the briefs:*

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

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

Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

The court has sua sponte decided to publish the Order and Judgment previously entered in this case, Smith v. McCord, No. 12-2041, 2013 WL 323218 (10th Cir. Jan. 29, 2013). The court has modified its decision to accommodate the stylistic changes necessary for published, as opposed to unpublished decisions. The original decision otherwise remains substantively unchanged.

The Order and Judgment entered on January...

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