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MARSHALL v. COLUMBIA LEA REGIONAL HOSP.

Nos. 02-2184, 02-2190.

345 F.3d 1157 (2003)

Jimmie MARSHALL, Plaintiff-Appellant, v. COLUMBIA LEA REGIONAL HOSPITAL; Nurse Jane Doe; City of Hobbs; Captain Tony Knott; Sergeant Walter Roye; Officer Rodney Porter, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 29, 2003.

Attorney(s) appearing for the Case

Jimmie Marshall, pro se as Plaintiff-Appellant.

Barbara A. Patterson and Rodney M. Schumacher, Atwood, Malone, Turner & Sabin P.A., Roswell, New Mexico, for Defendants-Appellees Nurse Jane Doe and Columbia Lea Regional Hospital.

Gregory L. Biehler and Zachary S. Rigdon, Beall & Biehler, Albuquerque, New Mexico, for Defendants-Appellees City of Hobbs, Captain Tony Knott, Sergeant Walter Roye and Officer Rodney Porter.

Before LUCERO, BALDOCK, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

This case involves troubling allegations regarding possible police misconduct by an officer in Hobbs, New Mexico. We are not in a position to judge the truth of those allegations at this early stage in the litigation, but we conclude that the district court acted prematurely in granting summary judgment on all claims.1

In December, 1996, police officer Rodney Porter stopped Plaintiff-Appellant Jimmie Marshall...

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