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McKAY v. HAMMOCK

No. 81-K-1649.

542 F.Supp. 972 (1982)

George McKAY, [Plaintiff], v. Dayle HAMMOCK, individually and as a detective and sheriff for Routt County, Colorado; Nick DeLuca, Sheriff, Routt County, Colorado; Lieutenant D. W. Pfeffer, individually and as an officer of the Ruidoso City Police Department; the Ruidoso City Police Department, Ruidoso, Lincoln County, New Mexico; and the Routt County Sheriff's Office, Routt County, Colorado, [Defendants].

United States District Court, D. Colorado.

July 15, 1982.

Attorney(s) appearing for the Case

Jerre W. Dixon, Denver, Colo., for plaintiff.

Thomas J. Chamberlin, Steamboat Springs, Colo., for Hammock and DeLuca.

Bruce L. Herr, Santa Fe, N. M. and Charles L. Casteel, Denver, Colo., for D. W. Pfeffer and Ruidoso Police Dept.

ORDER

KANE, District Judge.

This is a civil rights action, pursuant to 42 U.S.C. § 1983, alleging false imprisonment under color of state law from events occurring on July 3-5, 1979. The plaintiff's complaint, read liberally, involves claims for relief under four different theories: § 1983, § 1981, common law false imprisonment and a Bivens claim under the 14th Amendment. This matter is now before me on the defendants' motions to dismiss...

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