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FARRELL v. MONTOYA

No. 16-2216.

878 F.3d 933 (2017)

Kana FARRELL; Oriana Lee Farrell, as an individual and O.B.O her minor children, Hezekiah Farrell, II, Kush Farrell, Magnificent Farrell, and Gilbraltar Farrell, Plaintiffs-Appellees, v. Elias MONTOYA, Defendant-Appellant, and Tony DeTavis; Anthony Luna; New Mexico State Police Department; John Does, 1, 2, and 3, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed December 27, 2017.

Attorney(s) appearing for the Case

Mark D. Standridge , Jarmie & Associates, Las Cruces, New Mexico, for Defendant-Appellant Elias Montoya.

Kathryn J. Hardy ( Alan H. Maestas , with her on the brief), Alan Maestas Law Office, P.C., Taos, New Mexico, for Plaintiffs-Appellees.

Before BRISCOE, HARTZ, and BACHARACH, Circuit Judges.

Oriana Lee Farrell and her five children claim that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment rights when he fired three shots at their minivan as it drove away from officers trying to effect a traffic stop. We hold that the district court should have granted...

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