ZIA TRUST CO. EX REL. CAUSEY v. MONTOYA

No. 09-2006.

597 F.3d 1150 (2010)

ZIA TRUST COMPANY, as Personal Representative of Dylan CAUSEY, minor son of Jodie Ockle, and sole beneficiary of Megan Dylan Causey, Plaintiff-Appellee, Nancy Causey; Glen Causey, Plaintiffs-Intervenors, v. Carlos MONTOYA, Defendant-Appellant, and County of Dona Ana, Defendant.

United States Court of Appeals, Tenth Circuit.

March 9, 2010.


Attorney(s) appearing for the Case

Kevin M. Brown (Steven L. Cash with him on the briefs), of Brown & German, Albuquerque, NM, for Defendant-Appellant.

Richard A. Sandoval, Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, McKAY, and HARTZ, Circuit Judges.


McKAY, Circuit Judge.

In this appeal, Officer Carlos Montoya asks us to reverse the district court's denial of his motion for summary judgment on excessive force claims brought under 18 U.S.C. § 1983 by family members of a man Officer Montoya shot and killed while responding to a domestic disturbance. After reviewing the facts in the light most favorable to the non-moving party, we affirm the district court's ruling.

BACKGROUND

As an initial...

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