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VONDRAK v. CITY OF LAS CRUCES

Nos. 07-2148, 07-2159.

535 F.3d 1198 (2008)

John VONDRAK, Plaintiff-Appellee/Cross-Appellant, v. CITY OF LAS CRUCES; Cindy McCants and Nathan Krause, individuals and employees of the Las Cruces Police Department, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

August 5, 2008.

Attorney(s) appearing for the Case

David P. Lutz (William L. Lutz with him on the briefs), Martin, Lutz, Roggow, Hosford & Eubanks, P.C., Las Cruces, NM, for Appellants/Cross-Appellees.

Barry J. Byrnes, Las Cruces, NM, for Appellee/Cross-Appellant.

Before TACHA, BRISCOE, and HARTZ, Circuit Judges.

BRISCOE, Circuit Judge.

This is an action brought by plaintiff John Vondrak under 42 U.S.C. § 1983 against Officer Cindy McCants, Officer Nathan Krause, and the City of Las Cruces, New Mexico (collectively, "Defendants"). Vondrak has alleged claims against McCants and Krause for illegal arrest, excessive force, and inadequate medical attention, and Vondrak has included similar claims against the City for its failure to train its police officers adequately. The...

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