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HENRY v. STOREY

No. 10-2211.

658 F.3d 1235 (2011)

Edward HENRY, Plaintiff-Appellant, v. Officer Jacob STOREY; Officer Amy Fangio, individually and in their official capacities as Officers of the Albuquerque Police Department, Defendants-Appellees, City of Albuquerque, Albuquerque Police Department, a municipal entity organized under the laws of the State of New Mexico and its law enforcement agency; Martin J. Chavez, individually and in his official capacity as Mayor of the City of Albuquerque; Ray Schultz, individually and in his official capacity as Chief of Police of the City of Albuquerque, Defendants.

United States Court of Appeals, Tenth Circuit.

October 3, 2011.

Attorney(s) appearing for the Case

Submitted on the briefs: *

Dennis W. Montoya of Montoya Law, Inc., Rio Rancho, New Mexico, for Plaintiff-Appellant.

Kathryn Levy , Deputy City Attorney for the City of Albuquerque, Albuquerque, New Mexico, for Defendants-Appellees.

Before KELLY, SILER, and MATHESON, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Ed Henry appeals from the district court's final judgment in favor of Defendants-Appellees Jacob Storey and Amy Fangio after a jury trial. He contends that the district court erred in (1) granting judgment as a matter of law (JMOL) to these Defendants on two of his claims and (2) rejecting a proposed jury instruction. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

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