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MIERA v. WALTEMEYER

No. 5172.

642 P.2d 191 (1982)

97 N.M. 588

Robert MIERA, Plaintiff-Appellant, v. Sergeant C.D. WALTEMEYER, Individually, and The City of Albuquerque, a Municipal Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

Writ of Certiorari Quashed March 12, 1982.

Attorney(s) appearing for the Case

Michael D. Bustamante, Donn F. Brislen, Ortega & Snead, P.A., Albuquerque, for plaintiff-appellant.

Joe L. McClaugherty, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants-appellees.

OPINION

HENDLEY, Judge.

Plaintiff was arrested by defendant, Waltemeyer, for simple battery. Plaintiff was found guilty in municipal court, but upon an appeal de novo to the district court, he was acquitted.

Subsequently, plaintiff filed a complaint against Waltemeyer and the City of Albuquerque for damages, alleging malicious prosecution, false imprisonment, false arrest, battery, and violation of civil rights. The trial court granted defendants...

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