MEDINA v. CRAM

No. 00-1153.

252 F.3d 1124 (2001)

Ernest MEDINA, Plaintiff-Appellee, v. Michael CRAM, Police Officer for the City of Colorado Springs, in his individual capacity, Defendant-Appellant, and Ralph Bruning, deceased, Police Officer for the City of Colorado Springs, in his individual capacity; City of Colorado Springs, a municipality and Loren Kramer, Chief of Police for the City of Colorado Springs, in his official capacity, Defendants.

United States Court of Appeals, Tenth Circuit.

June 12, 2001.


Attorney(s) appearing for the Case

Shane Matthew White, Senior Attorney (Patricia K. Kelly, City Attorney, with him on the briefs), City Attorney's Office, Colorado Springs, Colorado, appearing for Appellant.

Dennis W. Hartley (Kimberly K. Caster, with him on the brief), Dennis W. Hartley, P.C., Colorado Springs, Colorado, appearing for Appellee.

Before TACHA, Chief Judge, SEYMOUR, and BRORBY, Circuit Judges.


TACHA, Chief Judge.

The defendants appeal from the district court's order denying their motion for summary judgment based on the defense of qualified immunity. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I. Background

The following facts are undisputed. On June 10, 1996, a bail bondsman went to Plaintiff Ernest Medina's residence to take Mr. Medina into custody for a bail bond violation. When Mr. Medina saw the bondsman...

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