NELSON v. CITY OF ALBUQUERQUE

No. 17-2199.

925 F.3d 1187 (2019)

Tony NELSON, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, a political subdivision of the State of New Mexico; R.T. Johnson, an Officer of the Albuquerque Police Department, individually; D. Hughs, an Officer of the Albuquerque Police Department, individually; A. Limon, an Officer of the Albuquerque Police Department, individually; S. Weimerskirch, an Officer of the Albuquerque Police Department, individually, Defendants-Appellees, and Board of County Commissioners of the County of Bernalillo, a political subdivision of the State of New Mexico; John and Jane Does, Officers of the Albuquerque Police Department, individually; Derrick Wulff, Detective of the Albuquerque Police Department, in his Individual Capacity as a State Actor of the City of Albuquerque; J. Sather, Sergeant of the Albuquerque Police Department, In his Individual Capacity as a State Actor of the City of Albuquerque, Defendants.

United States Court of Appeals, Tenth Circuit.

FILED June 12, 2019.


ORDER

On April 16, 2019, the panel's opinion issued in this matter, and judgment issued the same day. An active judge of the court then called a poll, sua sponte, to consider en banc review of the panel decision. A majority of the active judges of the court voted not...

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