CRUZ v. CITY OF LARAMIE

Nos. 99-8045, 99-8049 & 99-8050.

239 F.3d 1183 (2001)

Ronald J. Cruz, individually and as personal representative of Thomas C. Cruz, Plaintiff-Appellee, v. City of Laramie, Wyoming; Bonnie Noel, individually and in her official capacity as Officer, Laramie Police Department; Richard D. Michel, individually and in his official capacity as Officer, Laramie Police Department; Troy Jensen, individually and in his official capacity as Officer, Laramie Police Department; Ben Fritzen, individually and in his official capacity as Officer, Laramie Police Department, Defendants-Appellants, and Bill Ware, individually and in his official capacity as Chief of Police, Laramie Police Department, Defendant. (D.C. No. 98-Cv-65-D) (D. Wyoming)

United States Court of Appeals, Tenth Circuit.

February 15, 2001.


Attorney(s) appearing for the Case

Vonde M. Smith (Kent W. Spence with her on the brief) of Lawyers & Advocates for Wyoming, Jackson, Wyoming, for Plaintiff-Appellee.

Karen A. Byrne, Byrne Law Offices, Cheyenne, Wyoming for Defendant-Appellant City of Laramie; Elizabeth Zerga of Herschler, Freudenthal, Salzburg, Bonds & Zerga, Cheyenne, Wyoming for Defendant-Appellants Bonnie Noel, Richard D. Michel, Troy Jensen and Ben Fritzen.

Before BALDOCK, LUCERO, and POLITZ, Circuit Judges.


POLITZ, Circuit Judge.

The City of Laramie, Wyoming, and four of its police officers appeal the denial of their motions for summary judgment. For the reasons assigned we affirm in part and reverse in part.

BACKGROUND

On June 10, 1996, in late afternoon, the Laramie Police Department received a complaint that a man, later identified as Thomas C. Cruz, was running around naked. Officer Troy Jensen, the first...

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