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ST. JOHN v. McCOLLEY

No. 08-994 BB/LAM.

653 F.Supp.2d 1155 (2009)

Matthew A. ST. JOHN, Plaintiff, v. David McCOLLEY and The Six Unknown Officers of the Alamogordo Department of Public Safety, each in their individual capacities, Defendants.

United States District Court, D. New Mexico.

September 8, 2009.

Attorney(s) appearing for the Case

John R. Hakanson, Miguel Garcia, John R. Hakanson, P.C., Alamogordo, NM, for Plaintiff.

James P. Sullivan, Christina L. Brennan, Brennan & Sullivan, P.A., Santa Fe, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

BRUCE D. BLACK, District Judge.

This matter comes before the Court on cross motions for summary judgment filed by Plaintiff (Doc. 37) and Defendants (Doc. 39). For the reasons set forth below, both Plaintiff's and Defendants' motions for summary judgment are GRANTED in part and DENIED in part.

Factual and Procedural Background

This is a 42 U.S.C. § 1983 case1 brought...

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