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BROWN v. MONTOYA

No. 10-2269.

662 F.3d 1152 (2011)

Ray BROWN, Plaintiff-Appellee, v. Daniel MONTOYA, in his individual capacity; Joe R. Williams, in his individual capacity and official capacity as Secretary of Corrections, Defendants-Appellants, and Liz Aguilar, in her individual capacity; Manuel Gonzales, III, in his individual capacity and official capacity as Bernalillo County Sheriff; John Does 1 through 50, Defendants.

United States Court of Appeals, Tenth Circuit.

November 8, 2011.

Attorney(s) appearing for the Case

Alfred A. Park (Lawrence M. Marcus, with him on the briefs), Park & Anderson, L.L.C., Albuquerque, NM, appearing for Appellants.

Paul J. Kennedy (Arne R. Leonard, with him on the brief), Kennedy & Han, P.C., Albuquerque, NM, appearing for Appellee.

Before KELLY, SILER, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

This appeal comes to us from the district court's denial of the defendants-appellants' motion to dismiss a complaint alleging 42 U.S.C. § 1983 claims against them for violation of the plaintiff-appellee's rights under the Fourteenth Amendment to substantive due process, procedural due process, and equal protection. The appellants argued, among other things, that their qualified immunity from suit required dismissal. Our review is limited...

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