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ARCHULETA v. McSHAN

No. 87-1461.

897 F.2d 495 (1990)

Robert J. ARCHULETA; Lillie N. Archuleta; and Robert Joshua Archuleta, a minor, by next friends, Robert J. Archuleta and Lillie N. Archuleta, Plaintiffs-Appellants, v. Quinton McSHAN, in his individual capacity only; Joe Tarazon, in his individual capacity only; New Mexico State Police; and Morris L. Cordova, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 1, 1990.

Attorney(s) appearing for the Case

John B. Roesler of Wolfe, Roesler, Romero & LaMar, Santa Fe, N.M., for plaintiffs-appellants.

Janet Clow of White, Koch, Kelly & McCarthy, P.A., Santa Fe, N.M., for defendants-appellees.

Before MOORE, ANDERSON and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This appeal concerns the asserted constitutional rights of a three-year-old child who witnessed a police officer's violent arrest of the child's father. The child brought suit under 42 U.S.C. § 1983, alleging that his liberty interest under the Fourteenth Amendment was violated as a result of his witnessing the arrest.1 The district court entered summary judgment in favor...

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