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MOSS v. CITY OF COLORADO SPRINGS

No. 86-1913.

871 F.2d 112 (1989)

Jonathan MOSS, Jr., Melanie Moss, Jonathan Moss, Sr., and Rever Juanita Moss, Plaintiffs-Appellees, v. The CITY OF COLORADO SPRINGS, a municipal corporation, Michael Marsac, individually and as a police officer of the Colorado Springs Police Department, Guy Grace, individually and as a police officer of the Colorado Springs Police Department, and Cecil Hutcheson, individually and as a police officer of the Colorado Springs Police Department, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 20, 1989.

Attorney(s) appearing for the Case

William F. Eggert of Hall & Evans (Alan Epstein, with him on the brief), Denver, Colo., for defendants-appellants.

Kenneth H. Stern of Stern & Elkind, Denver, Colo. (Jeffrey A. Goldstein, Denver, Colo., and Cuba Holloway of Bennett & Holloway, Colorado Springs, Colo., with him on the brief), for plaintiffs-appellees.

Before ANDERSON, SETH and BRORBY, Circuit Judges.

SETH, Circuit Judge.

The plaintiffs, four residents of Colorado Springs, Colorado, sought damages under 42 U.S.C. § 1983 against the City of Colorado Springs and three of its police officers. They alleged violations of their Fourth Amendment rights against the unreasonable execution of a search warrant and against the use of excessive force. They also brought various pendent state claims including claims alleging that defendants were negligent.

The Colorado...

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