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GUNTHER v. MILLER

Civ. No. 80-497 HB.

498 F.Supp. 882 (1980)

Irene R. GUNTHER, Plaintiff, v. Stephen MILLER, Individually and as a Police Officer of the City of Albuquerque et al., Defendants.

United States District Court, D. New Mexico.

October 16, 1980.

Attorney(s) appearing for the Case

Bernard L. Robinson, Albuquerque, for plaintiff.

George R. "Pat" Bryan, III, City Atty., Robert C. Gutierrez, Asst. City Atty., Albuquerque, N. M., for defendants Robert Stover and The City of Albuquerque.

MEMORANDUM OPINION

BRATTON, Chief Judge.

In this action brought under 42 U.S.C. § 1983 against the City of Albuquerque, its chief of police, and one of its police officers, plaintiff claims that excessive force was used in her arrest. Defendants have moved for dismissal on the ground that the statute of limitations has run. Plaintiff was arrested on October 24, 1977, and filed this suit on June 25, 1980. Defendants argue that the two-year limitations...

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