PEREA v. BACA

No. 14-2214.

817 F.3d 1198 (2016)

Merlinda PEREA; Francine Puentes, as co-personal representatives of the estate of Jerry Perea, and on behalf of the minor, B.P., Plaintiffs-Appellees, v. APD Officer David BACA; APD Officer Andrew Jaramillo, Defendants-Appellants, and City of Albuquerque; Albuquerque City Police, Defendants.

United States Court of Appeals, Tenth Circuit.

April 4, 2016.


Attorney(s) appearing for the Case

Stephanie M. Griffin , Deputy City Attorney, City of Albuquerque Legal Department, Albuquerque, NM, for Defendants-Appellants.

Santiago E. Juarez , Albuquerque, NM ( Cheryl K. McLean , Albuquerque, NM, with him on the briefs), for Plaintiffs-Appellees.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.


Jerry Perea died in 2011 after an incident involving Officers David Baca and Andrew Jaramillo. The district court denied Baca and Jaramillo qualified immunity against a Fourth Amendment excessive force claim, and they appealed. We hold that the officers' repeated tasering of Perea after he was subdued constituted excessive...

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