KERNS v. BOARD OF COMMISSIONERS OF BERNALILLO COUNTY

No. CIV 07-0771 JB/ACT.

JASON KERNS, ARCHIE KERNS, and MARY ANN KERNS, Plaintiffs, v. BOARD OF COMMISSIONERS OF BERNALILLO COUNTY, BERNALILLO COUNTY SHERIFF DARREN WHITE, in his individual and his official capacity, BERNALILLO COUNTY SHERIFF'S DETECTIVES BRIAN LINDLEY, RALPH GONZALES, and JAMES HAMSTEN, in their individual capacities, BERNALILLO COUNTY SHERIFF DEPUTIES LAWRENCE KOREN, SEAN CONNORS, AARON WRIGHT, TIMOTHY HIX, and RHONDA MOYA, in their individual capacities, THE CITY OF ALBUQUERQUE, ALBUQUERQUE POLICE DEPARTMENT OFFICERS DREW BADER, MATT THOMPSON, RUSSELL CARTER, ROBERT JOHNSTON and JAMES MONTOYA, in their individual capacities, METROPOLITAN FORENSIC SCIENCE CENTER FIREARM AND TOOL MARK EXAMINER MIKE HAAG, in his individual capacity, and JOHN DOES 1-10, in their individual capacities, Defendants.

United States District Court, D. New Mexico.

August 22, 2012.


Attorney(s) appearing for the Case

Marc M. Lowry , Carolyn M. Nichols , Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Albuquerque, New Mexico, Attorneys for the Plaintiffs.

Daniel J. Macke , Robles, Rael, & Anaya, P.C., Albuquerque, New Mexico, Attorneys for Defendants Board of Commissioners of. Bernalillo County, Bernalillo County Sheriff Darren White, Bernalillo County Sheriff's Detectives Brian Lindley, and Bernalillo County Sheriff's Deputy Lawrence Koren.

Stephanie M. Griffin , Assistant City Attorney, Albuquerque City Attorney's Office, Albuquerque, New Mexico, Attorneys for Defendants Albuquerque Police. Department Officers Drew Baden, Matt Thompson, Russell Carter, and Metropolitan Forensic Science Center Firearm and Tool Mark Examiner Mike Haag.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) the United States Court of Appeals for the Tenth Circuit's Judgment, filed January 19, 2012 (Doc. 286-2)("Tenth Circuit Judgment"); and (ii) United States Court of Appeals for the Tenth Circuit's Opinion, filed January 19, 2012 (Doc. 286-1).1 In the Tenth Circuit Judgment, the United States...

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