SOLLARS v. CITY OF ALBUQUERQUE

No. CIV 91-858 JC.

794 F.Supp. 360 (1992)

Thomas E. SOLLARS, Jr., as Personal Representative of the Estate of John Raymond Sollars, Deceased; Autumn-Ray Sollars, a minor Through her next friend and parent, Marla Tracy; Amy Sollars and Lisa Sollars, minors Through their next friend and parent, Terry Sollars Bell; Michael Tracy and Steven Tracy, minors Through their next friend and parent, Marla Tracy; Julia Tracy; and Marla Tracy for herself, Plaintiffs, v. CITY OF ALBUQUERQUE; Bob Stover, Individually and in his capacity as Chief of Police; John Does 1-8, Supervisors at the Albuquerque Police Department; Michael Fox, Individually and in his official capacity as a police officer with APD; Martin Porath, Individually and in his official capacity as a police officer with APD; Thomas Marten, Individually and in his official capacity as a police officer with APD; Joe Romero, Individually and in his official capacity as a police officer with APD; and John Doe Officers 9-14, Defendants.

United States District Court, D. New Mexico.

June 5, 1992.


Attorney(s) appearing for the Case

Brad D. Hall, Taylor, Gaddy, Rakes & Hall, Albuquerque, N.M., for plaintiffs.

Jeffrey L. Baker, Baker & Associates, Albuquerque, N.M., for defendants.


MEMORANDUM OPINION

JOHN E. CONWAY, District Judge.

THIS MATTER came on for consideration of the Defendants' three pending Motions to Dismiss, all filed on September 25, 1991. The Court has reviewed the motions, the memoranda submitted by the parties and the relevant authorities. The Court finds that the motions are well-taken in part and will be granted in part.

When reviewing a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil...

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