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LOPEZ v. UNITED STATES I.N.S.

No. 83-2537.

758 F.2d 1390 (1985)

Jose Refugio Pinon LOPEZ, a/k/a Refugio Pinon, Plaintiff-Appellant, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE; Robert Godshall, Denver District Director, U.S. Immigration and Naturalization Service, in his official and individual capacities; Jack Holmes, Supervisory Investigator, Denver District Office, U.S. Immigration and Naturalization Service, in his official and individual capacities; One Officer Hester, Field Enforcement Officer, Denver District Office, U.S. Immigration and Naturalization Service, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 8, 1985.

Attorney(s) appearing for the Case

Susan E. Perry, Denver, Colo., for plaintiff-appellant.

James W. Winchester, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with him on brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, and BARRETT and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Jose Refugio Pinon Lopez appeals from the district court's grant of defendants' motion for summary judgment. Plaintiff seeks damages, and declaratory and injunctive relief under 42 U.S.C. §§ 1981 and 1983 based on United States Immigration and Naturalization Service (INS) officials' seizure of his driver's license at a time when he was technically in violation of U.S. immigration laws. On appeal plaintiff argues that (1) the...

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