HEWITT v. CITY OF TRUTH OR CONSEQUENCES

No. 82-2447.

758 F.2d 1375 (1985)

Martha HEWITT, Personal Representative of the Estate of Howard Hewitt, Deceased; and Martha Hewitt and Harry Hewitt, on their own behalf, Plaintiffs-Appellants, v. CITY OF TRUTH OR CONSEQUENCES; John Sawyer, individually and as Chief of Police for the City of Truth or Consequences; Elfigo Armijo, individually and as former Chief of Police for the City of Truth or Consequences; John Sarember, individually and as a police officer for the City of Truth or Consequences; Brack Callahan, individually and as a police officer for the City of Truth or Consequences; Henry Cruz, individually and as a Reserve Deputy Sheriff for the County of Sierra, New Mexico; Andy Garcia, individually and as a Mayor of the City of Truth or Consequences; Charlie Cox, individually and as Sheriff of Sierra County, New Mexico; and Board of County Commissioners for the County of Sierra, New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 4, 1985.


Attorney(s) appearing for the Case

Ray Lewis Fuller of Southern New Mexico Legal Services, Las Cruces, N.M. (Morton S. Simon of Friedland, Simon, Lopez, Vigil & Nelson, Santa Fe, N.M., with him on the brief), for plaintiffs-appellants.

Rebecca A. Houston, Albuquerque, N.M. (Charles A. Pharris, Albuquerque, N.M., with her on the brief) of Keleher & McLeod, P.A., Albuquerque, N.M., for defendants-appellees, Sarember, Callahan, City of Truth or Consequences, Sawyer, Armijo, and Garcia.

John F. Nivala of Cherpelis & Nivala, P.A., Albuquerque, N.M. (J. Duke Thornton of Shaffer, Butt, Thornton & Baehr, Albuquerque, N.M., with him on the brief), for defendants-appellees, Cruz, Cox, and Sierra County Bd. of Com'rs.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

This civil rights action was brought by Martha Hewitt as personal representative of the estate of her son Howard Hewitt, and by Martha and her husband Harry Hewitt on their own behalf.1 Plaintiff sought damages and injunctive relief pursuant to 42 U.S.C. § 1983 (1982) against the City of Truth or Consequences, the Sierra County, New Mexico Board of County Commissioners, various City and County supervisory officials...

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