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WILSON v. MONTANO

No. 12-2051.

715 F.3d 847 (2013)

Michael WILSON, Sr., Plaintiff-Appellee, Jesse Ortiz; Oscar Leyva; Patrick Marquez; Mark Sanchez; Dustn Sarrett, Plaintiffs, v. Lawrence MONTANO, Deputy; Fred Torres, Deputy; Joe Chavez, Warden; Rene Rivera, former Sheriff; Defendants-Appellants, John Doe, VCDC booking officer or employee; Martin Benavidez, Officer; Mike Chavez, former Chief of Police; Brent Woodard; Nick Balido, former Los Lunas Police Department, Chief of Police; Louis Burkhard, Sheriff; Delinda Chavez; Joseph Chavez; Roy A. Cordova; Greg Jones, Bosque Farms Police Department, Police Chief; Roy Melnick, Los Lunas Police Department, Chief of Police; Dan Robb, Belen Police Department, Chief of Police; Steven Roberts; Derek Williams; Joe Stidham, Former Bosque Farms Police Department, Police Chief, Defendants.

United States Court of Appeals, Tenth Circuit.

May 3, 2013.

Attorney(s) appearing for the Case

Brandon Huss, Wallin, Huss & Mendez, LLC, Moriarty, NM (Dennis K. Wallin, Wallin, Huss & Mendez, LLC, Moriarty, NM, and Mary T. Torres, Beall & Biehler, Albuquerque, NM, with him on the briefs), for Defendants-Appellants.

Matthew Coyte, Coyte Law P.C., Albuquerque, NM, for Plaintiff-Appellee.

Before MATHESON, EBEL, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Appellants seek reversal of the district court's order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson's complaint alleged sufficient facts...

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