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HARAPAT v. VIGIL

No. CIV 08-0512 JB/LFG.

676 F.Supp.2d 1250 (2009)

Dale HARAPAT, Plaintiff, v. Benjie VIGIL, Phil Esquibel, and Tony Valdez, in their individual capacities, and Richard Flores, in his official capacity, Defendants.

United States District Court, D. New Mexico.

October 13, 2009.

Attorney(s) appearing for the Case

Adam S. Baker and Alan H. Maestas, Maestas & Boothby, P.C., Taos, NM, for Plaintiff.

Carlos M. Quinones, Quinones Law Firm, Santa Fe, NM, for Defendant, Benjie Vigil.

Luis E. Robles, Rodney L. Gabaldon, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants, Phil Esquibel, Tony Valdez, Richard Flores.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Vigil's Motion for Partial Summary Judgment on Basis of Qualified Immunity and Other Grounds, and Supporting Memorandum, filed March 23, 2009 (Doc. 43). The court held a hearing on June 26, 2009. The primary issue is whether Defendant Sheriff Benjie Vigil enjoys qualified immunity for the actions he took on February 15, 2007...

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