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MOCEK v. CITY OF ALBUQUERQUE

No. 14-2063.

813 F.3d 912 (2015)

Phillip MOCEK, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE; Albuquerque Aviation Police Department; Marshall Katz, in his official capacity as Chief of Police of the Albuquerque Aviation Police Department; Jonathan Breedon; Gerald Romero; Anthony Schreiner; Robert F. Dilley, also known as Bobby Dilley; Landra Wiggins; Julio De La Pena; Does 1-25, inclusive, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 22, 2015.

Attorney(s) appearing for the Case

Mary Louis Boelcke ( William Simpich , Law Office of William Simpich, Oakland, CA, and James R. Wheaton , Cherokee Melton , First Amendment Project, Oakland, CA, with her on the briefs), Albuquerque, NM, for Appellant.

Jeffrey L. Baker , the Baker Law Firm ( Renni Zifferblatt , The Baker Law Firm, with him on the brief), Albuquerque, NM, for City of Albuquerque Appellees.

Edward J. Martin , Senior Trial Attorney, Torts Branch ( Joyce R. Branda , Acting Assistant Attorney General, Damon Martinez , United States Attorney, Rupa Bhattacharyya , Director, Torts Branch, Andrea W. McCarthy , Senior Trial Counsel, and H. Thomas Byron III , Appeals Counsel, with him on the brief) Civil Division, United States Department of Justice, Washington, D.C., for the Federal Appellees.

Before TYMKOVICH, Chief Judge, GORSUCH, and HOLMES, Circuit Judges.

Phillip Mocek was arrested for concealing his identity after filming airport security procedures and being questioned on suspicion of disorderly conduct. He then sued agents of the Transportation Security Administration, officers of the Albuquerque Aviation Police Department, and the City of Albuquerque for alleged constitutional...

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