STANLEY v. GALLEGOS

No. 15-2156.

852 F.3d 1210 (2017)

David N. STANLEY, Plaintiff-Appellee, v. Donald GALLEGOS, individually and in his official capacity as District Attorney, Eighth Judicial District, State of New Mexico, Defendant-Appellant. and Ed Olona, Defendant.

United States Court of Appeals, Tenth Circuit.

Filed March 17, 2017.


Attorney(s) appearing for the Case

Scott P. Hatcher ( Emma D. B. Weber , and Mark A. Cox , with him on the briefs), Hatcher Law Group, P.A., Santa Fe, New Mexico, for Defendant-Appellant.

John P. Hays ( Faith Kalman Reyes , The Simons Firm, LLP, Santa Fe, New Mexico, with him on the brief), Cassutt, Hays & Friedman, P.A., Santa Fe, New Mexico, for Plaintiff-Appellee.

Before HARTZ, HOLMES, and MATHESON, Circuit Judges.


The federal civil-rights statute, 42 U.S.C. § 1983, authorizes suits against persons acting under color of state law for violations of rights granted by federal law. But under modern doctrine the defendant is not personally liable in damages for every violation of such rights. Wary of the damage to public welfare if government...

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