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ROMERO v. STORY

No. 11-2139.

672 F.3d 880 (2012)

Steven A. ROMERO, Plaintiff-Appellee, v. Jeremy STORY, Manuel Frias, and Vincent Shadd, individually and in their official capacities as Law Enforcement Officers for the Las Cruces Police Department, Defendants-Appellants, and City of Las Cruces, Defendant.

United States Court of Appeals, Tenth Circuit.

February 23, 2012.

Attorney(s) appearing for the Case

Russell Dean Clark , Las Cruces, NM, for Plaintiff-Appellee.

David P. Lutz ( William L. Lutz with him on the brief), Martin, Lutz, Roggow, & Eubanks, P.C., Las Cruces, NM, for Defendants-Appellants.

Before KELLY, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff Steven A. Romero brought this action against Defendants Jeremy Story, Manuel Frias, and Vincent Shadd, Las Cruces, New Mexico law enforcement officers, alleging unlawful arrest and excessive force in violation of 42 U.S.C. § 1983.1 The district court denied Defendants' claim to qualified immunity in the context of summary judgment, and Defendants appealed. Exercising jurisdiction pursuant to 28 U...

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