FANCHER v. BARRIENTOS

No. 12-2114.

723 F.3d 1191 (2013)

Lucia FANCHER, individually and as personal representative of the estate of Nick Dominguez, Plaintiff-Appellee, v. Johnny BARRIENTOS, in his individual and official capacity; Sheriff Todd Garrison, County Of Doña Ana, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 12, 2013.


Attorney(s) appearing for the Case

Kevin M. Brown ( Desiree D. Gurule and Elizabeth V. Friedenstein with him on the briefs), Brown Law Firm, Albuquerque, NM, for Defendants-Appellants.

Mark Fine , Fine Law Firm, Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, MURPHY, and MATHESON, Circuit Judges.


MURPHY, Circuit Judge.

I. Introduction

Defendant Johnny Barrientos, a deputy of the Doña Ana County Sheriff's Department, appeals the district court's denial of his motion for summary judgment in a 28 U.S.C. § 1983 action brought by Lucia Fancher, individually and on behalf of the estate of her son, Nick Dominguez. Fancher alleges Barrientos used excessive force in violation of the Fourth Amendment when he shot Dominguez seven times following a...

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