SOZA v. DEMSICH

No. 19-2176.

13 F.4th 1094 (2021)

Bradley SOZA, Plaintiff-Appellant, v. James DEMSICH; Thomas Melvin, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED September 16, 2021.


Attorney(s) appearing for the Case

Justine Fox-Young , Justine Fox-Young, P.C., Albuquerque, New Mexico ( Erlinda Johnson , Law Office of Erlinda Ocampo Johnson, LLC, Albuquerque, New Mexico, on the briefs), for Plaintiff-Appellant.

Kristin J. Dalton , Managing Assistant City Attorney, City of Albuquerque Legal Department, Albuquerque, New Mexico, for Defendants-Appellees.

Before MORITZ and EBEL, Circuit Judges, and LUCERO, Senior Circuit Judge.


After Albuquerque Police Officers Demsich and Melvin entered Bradley Soza's front porch with guns drawn, handcuffed him, and patted him down as part of a burglary investigation, Mr. Soza sued the Officers under 42 U.S.C. § 1983. He alleges that the Officers violated his clearly established Fourth Amendment rights when they...

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