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RIGGS v. CITY OF ALBUQUERQUE

No. 89-2006.

916 F.2d 582 (1990)

Joseph N. RIGGS, III, Alice Hector, Peter Cubra, James R. Toulouse, Tova Indritz, Randi McGinn, Nancy Hollander, Sigmund Bloom, Hank Farrah, Joe Fine, Dorie Bunting, Allen Cooper, Richard Moore, The American Civil Liberties Union of New Mexico, a New Mexico non-profit corporation, The New Mexico Chapter of the National Lawyers Guild, and all others Similarly Situated who are Represented by the Above Named Persons, Plaintiffs/Appellants, v. CITY OF ALBUQUERQUE, a Municipal Corporation; Ken Schultz, Mayor of the City of Albuquerque, Sam Baca, Police Chief of the City of Albuquerque, and Their Agents and Employees and all Others Acting in Active Concert or Cooperation with Them, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

October 12, 1990.

Attorney(s) appearing for the Case

Philip B. Davis, American Civil Liberties Union of New Mexico, Albuquerque, N.M. (Ray Twohig, Albuquerque, N.M., on the brief), for plaintiffs/appellants.

Bruce Thompson, Civerolo, Hansen & Wolf, Albuquerque, N.M. (Paula Forney, Asst. City Atty., Richard C. Civerolo, Ellen M. Kelly, Civerolo, Hansen & Wolf, Albuquerque, N.M., on the brief), for defendants/appellees.

Before HOLLOWAY, Chief Judge, and ANDERSON and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Plaintiffs appeal from the district court's January 4, 1989 order dismissing this civil rights class action. Plaintiffs allege that the Albuquerque Police Department conducted certain investigations of their activities in violation of their constitutional rights, and they seek declaratory and injunctive relief. Relying on Laird v. Tatum, 408 U.S. 1, 92 S.Ct. 2318, 33 L.Ed.2d 154 (1972), the district court...

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