FISHER v. CITY OF LAS CRUCES

No. 07-2294.

584 F.3d 888 (2009)

Robert FISHER and Mary Fisher, Plaintiffs-Appellants, v. The CITY OF LAS CRUCES, a municipality organized pursuant to the laws of the State of New Mexico, and its subsidiary, the Las Cruces Police Department; Officer Joann Christine Schnell, a law enforcement officer employed by the Las Cruces Police Department, individually and in her official capacity as a police officer; Officer Roberto Gutierrez, a law enforcement officer employed by the Las Cruces Police Department, individually and in his official capacity as a police officer; Officers John/Jane Doe, 1-5, law enforcement officers employed by the Las Cruces Police Department, individually and in their official capacities as police officers, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 19, 2009.


Attorney(s) appearing for the Case

Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, N.M., for Plaintiffs-Appellants.

Jared Abrams, City of Las Cruces, N.M., for Defendants-Appellees.

Before BRISCOE, TYMKOVICH, and GORSUCH, Circuit Judges.


TYMKOVICH, Circuit Judge.

After Robert Fisher mistakenly shot himself twice, his wife called 911. Two officers responded to the call. Fisher alleges, despite the seriousness of the gunshot wounds to his bicep and stomach, the officers handcuffed him in a painful manner that exacerbated his injuries. Fisher filed suit, claiming the officers violated 42 U.S.C. § 1983 by employing excessive force in violation of his Fourth Amendment rights.

The district...

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