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PALLOTTINO v. CITY OF RIO RANCHO

No. 93-2085.

31 F.3d 1023 (1994)

Mark PALLOTTINO, Plaintiff-Appellant, v. CITY OF RIO RANCHO, a municipality in the State of New Mexico; Officer Randy Sanchez; Officer Brian Davison; and Officer Michael Pelligrini, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 4, 1994.

Attorney(s) appearing for the Case

Joseph P. Kennedy, Albuquerque, NM, for plaintiff-appellant.

Norman F. Weiss (Michelle M. Lalley, with him on the brief), Albuquerque, NM, for defendants-appellees.

Before WHITE, Associate Justice (Ret.), TACHA and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Pallottino was temporarily detained by police officers (Officers) of the City of Rio Rancho, New Mexico, while they investigated a fist fight. Mr. Pallottino, who contends this detention was due to his refusal to give the Officers his name and address, initially brought a 42 U.S.C. § 1983 claim for violation of his Fifth Amendment privilege to remain silent. After this claim was summarily dismissed...

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