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MILLER v. SPIERS

Civ. No. 05-577 BB/LAM.

434 F.Supp.2d 1064 (2006)

William MILLER, Plaintiff, v. Paul SPIERS, Michael Fox, and Donna Arbogast, Defendants.

United States District Court, D. New Mexico.

February 7, 2006.

Attorney(s) appearing for the Case

David Plotsky, Alex Chisholm, Albuquerque, NM, for Plaintiff.

Jerry A. Walz, Walz & Associates, Cedar Crest, NM, for Defendant Spiers.

Luis Robles, Robles, Rael & Anaya, Albuquerque, NM, for Police Defendants.

MEMORANDUM OPINION AND ORDER ON DEFENDANT SPIERS' MOTION TO DISMISS, IMMUNITY

BLACK, District Judge.

THIS MATTER is before the Court on the motion of Defendant Spiers for judgment on the pleadings based on absolute prosecutorial immunity and qualified immunity or in the alternative motion to dismiss based on subject matter jurisdiction [doc. # 21]. The Court having considered the pleadings and briefs of counsel and

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