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GARCIA v. WILSON

Nos. 83-1017, 83-1018.

731 F.2d 640 (1984)

Gary GARCIA, Plaintiff-Appellee, v. Richard WILSON and Martin Vigil, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 30, 1984.

Attorney(s) appearing for the Case

Ben M. Allen of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M. (John W. Cassell, Sp. Asst. Atty. Gen., Asst. Legal Advisor, New Mexico State Police, Santa Fe, N.M., filed a brief on behalf of defendant-appellant Vigil), for defendants-appellants.

Richard Rosenstock, Chama, N.M. (Steven G. Farber, Santa Fe, N.M., with him on the brief), for plaintiff-appellee.

Thomas L. Johnson of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, N.M., filed a brief for amicus curiae State of New Mexico.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY, LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Gary Garcia brought these consolidated civil rights actions under 42 U.S.C. § 1983 (1976) against former New Mexico State Police Officer Richard Wilson, and State Police Chief Martin Vigil. Garcia alleged that his constitutional rights were violated when Wilson viciously beat him on his face and body with a "slapper" and then sprayed him with tear gas. Garcia further alleged that Vigil had improperly...

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