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MARSHALL v. COLUMBIA LEA REGIONAL HOSP.

No. 05-2173.

474 F.3d 733 (2007)

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

United States Court of Appeals, Tenth Circuit.

January 9, 2007.

Attorney(s) appearing for the Case

Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendants-Appellants.

Robert J. Gorence, Gorence & Oliveros, Albuquerque, NM, for Plaintiff-Appellee.

Before HENRY, BRISCOE, and LUCERO, Circuit Judges.

HENRY, Circuit Judge.

City of Hobbs, New Mexico, police officers Rodney Porter and Sergeant Walter Pope, appeal a jury verdict in favor of plaintiff Jimmie Marshall for violation of his Fourth Amendment right to be free of unreasonable search and seizure. The officers do not dispute that they violated Mr. Marshall's Fourth Amendment rights when they ordered a warrantless, nonconsensual blood test for an alleged misdemeanor. Nevertheless, the officers contend the district...

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