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NIEDERSTADT v. TOWN OF CARRIZOZO

No. 26,838.

182 P.3d 769 (2008)

2008-NMCA-053

Charles NIEDERSTADT, individually and as assignee of Johnny Rivera, Plaintiff-Appellant, v. The TOWN OF CARRIZOZO, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied March 11, 2008.

Attorney(s) appearing for the Case

Kennedy & Han, P.C., Paul J. Kennedy, Nan E. Erdman, Albuquerque, NM, for Appellant.

David M. Stevens, Attorney at Law, P.C., William N. Griffin, David M. Stevens, Ruidoso, NM, for Appellee.

Certiorari Denied, No. 30,938, March 11, 2008.

OPINION

FRY, Judge.

{1} Plaintiff filed suit in federal court against the Town of Carrizozo's employee, police officer Johnny Rivera, in his individual capacity, for violation of Plaintiff's constitutional rights and for other torts. When Rivera asked the Town of Carrizozo (the Town) to provide a defense for him, the Town refused, and Rivera...

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