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GUTIERREZ v. COBOS

No. 15-2161.

841 F.3d 895 (2016)

Anna GUTIERREZ; Patsy Flores, Plaintiffs-Appellants, v. Luna County Sheriff Raymond COBOS, in his individual and official capacity; Luna County Sheriff Deputy Gabriel Maynes; Deputy Mike Eby; Deputy Trini Garcia; Deputy Jose Ojeda; Deputy Israel Saenz, Jr., in their individual and official capacities; Luna County Central Dispatch Director Mirna Grado and Dispatch Employee Luhuana Villalba, in their individual and official capacities; Luna County Manager John Sutherland, in his individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed November 15, 2016.

Attorney(s) appearing for the Case

Rosanne Camunez , Camunez Law Firm, PC, Las Cruces, New Mexico, appearing for Appellants.

Blaine T. Mynatt , Holt Mynatt Martinez P.C., Las Cruces, New Mexico ( Casey B. Fitch and Benjamin J. Young , Holt Mynatt Martinez P.C., Las Cruces, New Mexico; and Carolyn A. Wolf , Montgomery & Andrews P.A., Santa Fe, New Mexico, with him on the brief), appearing for Appellees.

Before HARTZ, HOLMES, and MATHESON, Circuit Judges.

Anna Gutierrez and her mother, Patsy Flores, ("Plaintiffs") appeal the district court's grant of summary judgment based on qualified immunity to Luna County New Mexico Sheriff's Deputy Gabriel Maynes on three of their claims brought under 42 U.S.C. § 1983: (1) excessive use of force, (2) unlawful entry, and (3) unlawful...

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