McCLELLAND v. FACTEAU

No. 77-1709.

610 F.2d 693 (1979)

Cecil E. McCLELLAND, Plaintiff-Appellant, v. Jonathan B. FACTEAU, Individually, and in his official capacity as a police officer of the New Mexico State Police; Conn Brown, Individually, and in his official capacity as a police lieutenant of the New Mexico State Police; Jimmie R. Brown, Individually, and in his official capacity as an employee of the Farmington City Police Department, Defendants, Martin E. Vigil, Individually, and in his official capacity as Chief of Police of the New Mexico State Police Department; and Robert L. Schmerheim, Individually, and in his official capacity as Chief of Police of the Farmington City Police Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 19, 1979.

Rehearing Denied January 22, 1980.


Attorney(s) appearing for the Case

Andrew M. Ives, Jr. of Gerber & Ives, Santa Fe, N. M., for plaintiff-appellant.

Joe L. McClaugherty of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., for defendants-appellees.

Before SETH, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Cecil E. McClelland filed suit under 42 U.S.C. § 1983 against five defendants who allegedly deprived him of his constitutional rights during arrest and custody. Three defendants, Conn Brown, a lieutenant in the New Mexico State Police, Jonathan B. Facteau, the state patrolman who arrested plaintiff, and Jimmie R. Brown, the jailer on duty at the Farmington City Jail, settled with McClelland and...

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