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CORTEZ v. McCAULEY

No. 04-2062.

438 F.3d 980 (2006)

Rick CORTEZ and Tina Cortez, Plaintiffs-Appellees, v. John McCAULEY, James Gonzales, Curtis Sanchez, Shureke Covington, and Joe Bowdich in their individual capacities, the Board of Commissioners of the County of Bernalillo, New Mexico, Defendants-appellants. and Raquel Villegas, Defendant.

United States Court of Appeals, Tenth Circuit.

February 10, 2006.

Attorney(s) appearing for the Case

Mary Y.C. Han (Paul J. Kennedy with her on the brief), of Kennedy & Han, P.C., Albuquerque, NM, for Plaintiffs-Appellees.

William D. Slease (Jonlyn M. Martinez with him on the brief), of Slease & Martinez, P.A., Albuquerque, NM, for Defendants-Appellants.

Before EBEL and HENRY, Circuit Judges, and WHITE, District Judge.

WHITE, District Judge.

The Defendants-Appellants appeal from the district court's denial of their motion for partial summary judgment based on qualified immunity. "A district court's denial of a motion for summary judgment on qualified immunity grounds is an appealable decision under 28 U.S.C. § 1291." Bisbee v. Bey, 39 F.3d 1096, 1099 (10th Cir.1994).

The Plaintiffs-Appellees commenced this action, alleging claims...

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