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LUNDSTROM v. ROMERO

No. 08-2254.

616 F.3d 1108 (2010)

Joseph LUNDSTROM; Jane Hibner, Plaintiffs-Appellants, v. Albuquerque Police Officers Debra ROMERO, Anthony Sedler, Lorenzo Apodaca, Edouard Taylor, Zazza Green, in their individual capacities and as employees of the City of Albuquerque, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 17, 2010.

Attorney(s) appearing for the Case

Frances Crockett , Law Office of Frances Crockett, Albuquerque, NM, for Appellants.

Stephanie M. Griffin , Assistant City Attorney, City of Albuquerque, NM, for Appellees Sedler, Apodaca, Taylor and Green (with Michael S. Jahner, Yenson, Lynn, Allen & Wosick, P.C., Albuquerque, NM, on the Joint Brief, for Appellee Romero) for Appellees.

Before KELLY, EBEL, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This case arises from a confrontation at Joseph Lundstrom's home during a child welfare check by Albuquerque Police Department officers. The encounter resulted in the officers pulling weapons on Lundstrom and his girlfriend, Jane Hibner, ordering him from the home, and then leaving them handcuffed on the front sidewalk while officers searched the home. No child was found in the home.

Lundstrom and Hibner brought this suit under 42...

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