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HATHEWAY v. THIES

No. 02-2168.

335 F.3d 1199 (2003)

Phillip R. HATHEWAY, Plaintiff-Appellee, v. John P. THIES and Shannon McGuire, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 18, 2003.

Attorney(s) appearing for the Case

Kathryn Levy, Deputy City Attorney, City of Albuquerque (Robert M. White, City Attorney, with her on the brief), for the Defendants-Appellants.

Paul J. Kennedy (Mary Y.C. Han on the brief), Albuquerque, NM, for the Plaintiff-Appellee.

Before HENRY and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

PER CURIAM.

Detectives John P. Thies and Shannon McGuire appeal the district court's order denying them qualified immunity from the plaintiff Phillip R. Hatheway's 42 U.S.C. § 1983 Fourth Amendment claim. Mr. Hatheway's claim arises out of his Dec. 11, 1999 detention and interrogation by Detectives Thies and McGuire, who worked for the City of Albuquerque and suspected Mr. Hatheway of committing a robbery.

Detectives Thies and McGuire contend that a reasonable...

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