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FOGARTY v. GALLEGOS

Nos. 06-2238, 06-2279.

523 F.3d 1147 (2008)

John D. FOGARTY, Plaintiff-Appellee, v. Gilbert GALLEGOS; City of Albuquerque, Defendants, and John Gonzales; Donald Keith; Michael Fisher; Steven Hill; Nick Gonzales; Dave Hubbard, in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 18, 2008.

Attorney(s) appearing for the Case

Jerry A. Walz, Walz and Associates, Cedar Crest, NM, for Defendants-Appellants.

Luis Robles, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants-Appellants.

Paul J. Kennedy (Mary Y.C. Han, with him on the briefs), Kennedy & Han, P.C., Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, EBEL, and HOLMES, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiff-Appellee John D. Fogarty brought this action against six Albuquerque Police Department ("APD") officers and supervisors ("defendants"),1 alleging constitutional violations under 42 U.S.C. § 1983 as well as state law tort claims. On appeal, defendants assert that they are entitled to qualified immunity from the § 1983 claims and summary judgment on certain of Fogarty's state law tort claims. Exercising...

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