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BUCK v. CITY OF ALBUQUERQUE

No. 07-2118.

549 F.3d 1269 (2008)

Lynn BUCK; Alma Rosa Silva-Banuelos; Denis Doyon; Lucy Gilster (by her next friend, Jennie Lusk); Brian Haney; Alicia Kisner (by her next friend, Lisa Kisner); Michael Kisner; Lane Leckman; Maria Santelli; Susan Schuurman; Christina Maya Trafton; Curtis Trafton; Nick Wechselberger, Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE; Mayor Martin Chavez, in his individual capacity; Deputy Police Chief Ray Schultz, in his individual capacity; Albuquerque Police Officers Raymond Defrates, Michael Fisher, James Leroy Fox, Nicholas Gonzales, Allen S. Hancock, Sgt. Steven Hill, Charles Lopez, Daniel S. Magetteri, James Montoya, Sgt. Shawn O'Connell, Pablo Padilla and James Perdue, in their individual capacities, Defendants, and Captain John Gonzales, in his official and individual capacities, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 9, 2008.

Attorney(s) appearing for the Case

Jerry A. Walz, Walz and Associates, Cedar Crest, NM for Defendant-Appellant.

Carolyn M. Nichols, Rothstein, Donatelli, Dahlstrom, Hughes, Schoenburg & Bienvenu, LLP, Albuquerque, NM (with Mary Louise Boelke, Kennedy & Oliver, Albuquerque, New Mexico on the brief), for Plaintiffs-Appellees.

Before HENRY, Chief Judge, BRISCOE, and HOLMES, Circuit Judges.

HENRY, Chief Judge.

In this fact-bound interlocutory appeal, Captain John Gonzales appeals the district court's denial of his motion for summary judgment as to six claims against him, each originating in events that transpired during an antiwar rally at the University of New Mexico ("UNM"). Captain Gonzales raises six challenges to the district court's order: the district court erred when it denied summary judgment as to plaintiffs' claims regarding (1) unconstitutional...

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