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CORDOVA v. CITY OF ALBUQUERQUE

No. 14-2083.

816 F.3d 645 (2016)

Stephan CORDOVA, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE; Ray Schultz, Chief; Carlos Argueta; Aaron Heyman; Matthew Hoisington; Kevin Kees; James Fox; and Kenneth Neiberger, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 8, 2016.

Attorney(s) appearing for the Case

Joseph P. Kennedy ( Shannon L. Kennedy with him on the briefs), Kennedy Kennedy & Ives, LLC, Albuquerque, NM, for Appellant.

David A. Roman , Robles, Rael & Anaya, P.C., Albuquerque, NM, for Appellees.

Before TYMKOVICH, Chief Judge, EBEL, and GORSUCH, Circuit Judges.

Three Albuquerque Police Department officers shot Stephan Cordova after he raised a gun in their direction. Cordova survived and was charged with assault, although the charges were later dismissed on speedy trial grounds. Cordova then brought this action under 42 U.S.C. § 1983, claiming primarily (1) that the charges...

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