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RADECKI v. BARELA

No. 96-2297.

146 F.3d 1227 (1998)

Susan RADECKI, Individually and as personal representative of the Estate of Chester A. Radecki, Deceased, Kristin Radecki; Kerry Radecki; Renee Radecki; and Robert Radecki, Plaintiffs-Appellees, v. Ron BARELA, personally and in his official capacity; Benjie Montano, personally and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 24, 1998.

Attorney(s) appearing for the Case

Joseph F. Canepa, Canepa, Vidal & Fitzgerald, P.A., Santa Fe, NM (Martin Esquivel, Dines, Gross & Wilson, P.C., Albuquerque, NM, with him on the briefs), appearing for Defendants-Appellants.

Robert R. Rothstein, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Shoenburg, LLP, Santa Fe, NM, appearing for Plaintiffs-Appellees.

Before TACHA, McWILLIAMS, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

At issue in this appeal is whether the district court erred in denying Defendant Ron Barela's summary judgment motion based on qualified immunity in this action brought against him under 42 U.S.C. § 1983. Plaintiffs are Chester A. Radecki's survivors. Defendant is a Santa Fe County, New Mexico Deputy Sheriff. Plaintiffs alleged that Deputy Barela violated Mr. Radecki's Fourteenth Amendment right...

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