GONZALES v. DURAN

No. 08-2184.

590 F.3d 855 (2009)

Bertha GONZALES; Jade Gonzales, Plaintiffs-Appellants, v. William DURAN; Steve Hall; Richard Dilley; Mary Kendrick, in their individual capacities; City of Albuquerque, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 22, 2009.


Attorney(s) appearing for the Case

Paul Kennedy (Mary Y.C. Han and Darin M. Foster, with him on the briefs) of Kennedy & Han, P.C., Albuquerque, NM, for Plaintiffs-Appellants.

Kathryn Levy, Deputy City Attorney, City of Albuquerque (Lisa Entress Pullen of Civerolo, Gralow, Hill & Curtis, P.A., with her on the brief), Albuquerque, NM, for Defendants-Appellees.

Before KELLY, EBEL, and TYMKOVICH, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Plaintiffs-Appellants Bertha and Jade Gonzales appeal from the district court's judgment on a jury verdict in favor of Defendants-Appellees police officers, William Duran, Steve Hall, Richard Dilley, and Mary Kendrick, and the City of Albuquerque. Plaintiffs maintain that the district court1 improperly submitted the issue of qualified immunity (for the defendant police officers) to the jury. Our jurisdiction...

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