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ALBRIGHT v. RODRIGUEZ

No. 94-2108.

51 F.3d 1531 (1995)

Richard ALBRIGHT, Plaintiff-Appellee, v. M. RODRIGUEZ, U.S. Border Patrol Agent; Sierra County, New Mexico Board of County Commissioners; Ron Brown, Sheriff; Marcel La France; New Mexico Department of Public Safety (NM State Police), doing business as NM State Police; New Mexico State Police Officer Massengale, Officer; Robert Atwood; Greg Silvey; Stoops, Doctor; Ron Lopez; Edmund Kase, Judge; Adam Monsibaiz, Defendant, and Rudy Carey, Sergeant, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 7, 1995.

Attorney(s) appearing for the Case

Philip B. Davis, Albuquerque, NM, for plaintiff-appellee.

Michelle Lalley Blake (Norman F. Weiss with her on the brief), of Simone, Roberts & Weiss, P.A., Albuquerque, NM, for defendant-appellant. Manuel I. Arrieta, of Weinbrenner, Richards, Paulowsky & Ramirez, P.A., Las Cruces, NM, on the opening brief for defendant-appellant.

Before BALDOCK and BRORBY, Circuit Judges, and BROWN, District Judge.

BALDOCK, Circuit Judge.

Defendant Rudy Carey appeals the district court's denial of his motion for summary judgment in Plaintiff Richard Albright's 42 U.S.C. § 1983 action. We exercise jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817-18, 86 L.Ed.2d 411 (1985), and reverse.

I.

On March 21, 1992, Dennis Zumwalt, his son, and Plaintiff were traveling...

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