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APODACA v. RIO ARRIBA COUNTY SHERIFF'S DEPT.

Nos. 88-1595, 88-1910.

905 F.2d 1445 (1990)

John APODACA, Individually and as Personal Representative of the Estate of Theresa Apodaca, Deceased; Lorraine Apodaca, Plaintiffs-Appellants, v. RIO ARRIBA COUNTY SHERIFF'S DEPARTMENT; The County of Rio Arriba; The Rio Arriba Board of County Commissioners; Adelinda G. Martinez, Personal Representative of the Estate of Benigno (Ben) F. Martinez; Emilio Naranjo, Individually and in his Official Capacity as Rio Arriba County Manager; Delaino Romero, Individually and in his Official Capacity as a Rio Arriba County Deputy Sheriff, Defendants-Appellees. Earl APODACA; Janet Apodaca, Plaintiffs-Appellants, v. RIO ARRIBA COUNTY SHERIFF'S DEPARTMENT; The County of Rio Arriba; The Rio Arriba Board of County Commissioners; Adelinda G. Martinez, Personal Representative of the Estate of Benigno (Ben) F. Martinez; Emilio Naranjo, Individually and in his Official Capacity as Rio Arriba County Manager; Delaino Romero, Individually and in his Official Capacity as a Rio Arriba County Deputy Sheriff, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 19, 1990.

Attorney(s) appearing for the Case

Richard Rosenstock, Chama, N.M. (Robert R. Rothstein of Rothstein, Bailey, Bennett, Daly & Donatelli, Santa Fe, N.M., with him on the briefs), for plaintiffs-appellants.

Douglas A. Baker (Benjamin Silva, Jr., with him on the brief), James H. Johansen of Butt, Thornton & Baehr, Albuquerque, N.M., for defendants-appellees Rio Arriba County Sheriff's Dept., Rio Arriba County, Rio Arriba Bd. of County Com'rs, Emilio Naranjo and Delaino Romero.

M. Karen Kilgore and David F. Cunningham of White, Koch, Kelly & McCarthy, Santa Fe, N.M., filed a brief on behalf of defendant-appellee Adelinda G. Martinez, Personal Representative of the Estate of Benigno (Ben) F. Martinez.

Before HOLLOWAY, Chief Judge, LOGAN, Circuit Judge, and BROWN, District Judge.

LOGAN, Circuit Judge.

This is the consolidated appeal of two cases arising out of a collision between defendant Delaino Romero, a Rio Arriba County deputy sheriff, and plaintiffs' decedent Theresa Apodaca (Theresa). Theresa's parents, plaintiffs John and Lorraine Apodaca, filed an action pursuant to 42 U.S.C. § 1983 alleging that Romero, Rio Arriba County, and other county officers deprived Theresa of her life without due process of law, that Romero seized her...

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