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BELLA v. CHAMBERLAIN

No. 93-2092.

24 F.3d 1251 (1994)

Charles BELLA, Plaintiff-Appellee, v. Lee CHAMBERLAIN and Curtis Meyers, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 20, 1994.

Attorney(s) appearing for the Case

Edward Himmelfarb (Don Svet, U.S. Atty. and Larry Gomez, U.S. Atty., Albuquerque, NM, Stuart E. Schiffer, Acting Asst. Atty. Gen. and Frank W. Hunger, Asst. Atty. Gen. and Barbara L. Herwig, Civ. Div., Dept. of Justice, Washington, DC, were with him on the briefs), Civ. Div., Dept. of Justice, Washington, DC, for defendants-appellants.

Elizabeth E. Simpson (Thomas R. Logan, Cedar Crest, NM, was with her on the brief), Tomita & Simpson, P.C., Albuquerque, NM, for plaintiff-appellee.

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

TACHA, Circuit Judge.

Plaintiff Charles Bella brought this action against defendants Lee Chamberlain and Curtis Meyers, two officers of the United States Customs Service, alleging that they used excessive force against him in violation of the Fourth and Fifth Amendments. Defendants both moved to dismiss Mr. Bella's complaint for failure to state a constitutional claim, also arguing that they were entitled to qualified immunity. The district court issued an order denying...

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