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OLIVEROS v. MITCHELL

No. 05-2163.

449 F.3d 1091 (2006)

Louren OLIVEROS, as personal representative of the Estate of Jeremy Blouin, deceased, Plaintiff-Appellant, v. Vince MITCHELL; Glenn Mearls; City of Farmington, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 17, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Paul J. Kennedy, Mary C. Han, Adam S. Baker, Kennedy & Han, P.C., Albuquerque, New Mexico, for Plaintiff-Appellant.

Lisa Mann, Erin E. Langenwalter, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, New Mexico, for Defendants-Appellees.

Before TYMKOVICH, McKAY, and BALDOCK, Circuit Judges.

TYMKOVICH, Circuit Judge.

During his arrest by Farmington, New Mexico, police officers on December 18, 2002, Jeremy Blouin was shot in the hip when a police handgun discharged. Blouin disappeared in a swimming mishap six months after the incident and is presumed dead. Louren Oliveros, Blouin's personal representative, subsequently sued the City of Farmington and the two police officers based on the shooting. Oliveros claims that the defendants violated Blouin's Fourth...

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