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CARABAJAL v. CITY OF CHEYENNE, WYOMING

No. 15-8139.

847 F.3d 1203 (2017)

Mathew CARABAJAL, a/k/a Mathew K. Carabajal Jacoby; V.M.C., a minor by and through his parents and next friends, Mathew Carabajal and Ariana Martinez, Plaintiffs-Appellants, v. CITY OF CHEYENNE, WYOMING; Officers Josh Thornton; Michael Sutton, in their individual capacities, Defendants-Appellees, and Cheyenne Police Department; Officers Pat Johnston; Matthew Colson, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed February 6, 2017.

Attorney(s) appearing for the Case

Carolyn M. Nichols (and Alicia C. Lopez of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, L.L.P, Albuquerque, New Mexico; Richard Wolf , Cheyenne, Wyoming, on the brief), for Plaintiffs-Appellants.

William S. Helfand (and Norman Ray Giles of Chamberlain, Hrdlicka, White, Williams & Aughtry, P.C., Houston, Texas; J. Mark Stewart of Davis & Cannon, L.L.P., Cheyenne, Wyoming, on the brief), for Defendant-Appellee City of Cheyenne, Wyoming.

Lance E. Shurtleff , ( Kenneth H. Lyman and Jacob D. Massee of Hall & Evans, L.L.C., on the brief), Denver, Colorado, for Defendants-Appellees Officers Joshua Thornton and Michael Sutton.

Before KELLY, MATHESON, and McHUGH, Circuit Judges.

Plaintiffs-Appellants Mathew Carabajal and his son, V.M.C., through Mathew and V.M.C.'s mother, Arianna Martinez, appeal from the district court's judgment in favor of Defendants-Appellees Officers Joshua Thornton and Michael Sutton, and Defendant-Appellee City of Cheyenne ("the City"). On appeal, Plaintiffs challenge the district...

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