McKAY v. HAMMOCK

No. 82-2007.

730 F.2d 1367 (1984)

George McKAY, Plaintiff-Appellant, v. Dayle HAMMOCK, individually and as Detective and Deputy Sheriff for Routt County, Colorado; Nick DeLuca, Sheriff, Routt County, Colorado; Lieutenant J.W. Pfeffer, individually and as an Officer of the Ruidoso City Police Department, Ruidoso, New Mexico; Ruidoso City Police Department, Ruidoso, Lincoln County, New Mexico; and Routt County Sheriff's Office, Routt County, Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 14, 1984.


Attorney(s) appearing for the Case

Jerre W. Dixon of Dixon & Snow, Denver, Colo., for plaintiff-appellant.

Joseph E. Earnest, Santa Fe, N.M. (Bruce L. Herr and Bradford v. Coryell, Santa Fe, N.M., with him on the briefs), of Montgomery & Andrews, P.A., Santa Fe, N.M., for defendants-appellees D.W. Pfeffer and the Ruidoso City Police Dept.

Thomas J. Chamberlin of Ratcliffe & Chamberlin, Steamboat Springs, Colo., for defendants-appellees Dayle Hammock, Nick DeLuca, and the Routt County Sheriff's Office.

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


SEYMOUR, Circuit Judge.

George McKay brought this suit asserting claims under 42 U.S.C. § 1983 (1976)1 against the Routt County, Colorado Sheriff's Office, sheriff Nick DeLuca, deputy sheriff Dayle Hammock, the Police Department of Ruidoso, New Mexico, and Ruidoso police officer David Pfeffer. McKay alleges that defendants unconstitutionally deprived him of his liberty without due process by causing him to be wrongfully arrested,...

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