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SMITH v. KENNY

No. CIV 08-0752 JB/RLP.

678 F.Supp.2d 1093 (2009)

Linda SMITH, Matthew Smith, and Nathan Smith, Plaintiff, v. Sean KENNY, John Friedfertig, Cassandra Kukowski, Casey McDonnell, Kevin Napoleone, Andrew Vocasek, in their individual capacities, Defendants.

United States District Court, D. New Mexico.

July 24, 2009.

Attorney(s) appearing for the Case

Darin M. Foster, Mary Y.C. Han, Paul J. Kennedy, Minal P. Unruh, Kennedy & Han, P.C., Grieta A. Gilchrist, Attorney at Law, Albuquerque, NM, for Plaintiffs.

Robert M. White, Stephanie M. Griffin, Albuquerque City Attorney's Office, Albuquerque, NM, for Defendants Sean Kenny, Casey McDonnell, Kevin Napoleone, and Andrew Vocasek.

Phillip W. Cheves, Minerva C. Camp, Butt Thornton & Baehr, PC, Albuquerque, NM, for Defendant Cassandra Kukowski.

AMENDED MEMORANDUM OPINION AND ORDER1

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Sandra Kukowski's Motion for Summary Judgment, filed February 27, 2009 (Doc. 16). The Court held a hearing on May 13, 2009. The primary issue is whether Defendant Sgt. Cassandra Kukowski enjoys qualified immunity for the actions she took at issue in this case. Resolution of that issue...

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