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MOCEK v. CITY OF ALBUQUERQUE

No. CIV 11-1009 JB/KBM.

PHILLIP MOCEK, Plaintiff, v. CITY OF ALBUQUERQUE, ALBUQUERQUE AVIATION POLICE DEPARTMENT, MARSHALL KATZ, in his official capacity as Chief of Police of the Albuquerque Aviation Police Department, JONATHAN BREEDON, GERALD ROMERO, ANTHONY SCHREINER, ROBERT F. DILLEY a/k/a BOBBY DILLEY, LANDRA WIGGINS, JULIO DE LA PENA, and DOES 1-25, inclusive, Defendants.

United States District Court, D. New Mexico.

January 14, 2013.

Attorney(s) appearing for the Case

Geoffrey King , James Wheaton , Lowell Chow , First Amendment Project, Oakland, California, and William Simpich, , Law Office of William Simpich, Oakland, California, and Mary Louise Boelcke , Law Office of Mary Louise Boelcke, Albuquerque, New Mexico, Attorneys for the Plaintiff.

Jeffrey L. Baker , Renni Zifferblatt , The Baker Law Firm, Albuquerque, New Mexico, Attorneys for Defendants City of Albuquerque, Albuquerque Aviation Police. Department, and Marshall Katz, Robert F. Dilley A/k/a Bobby Dilley, Landra Wiggins, and Julio De La Pena.

Edward J. Martin , United States Department of Justice, Civil Division, Washington, D.C., and Kenneth J. Gonzales , United States Attorney, Manuel Lucero , Assistant United States Attorney, United States Attorney's Office, District of New Mexico, Albuquerque, New Mexico, Attorneys for Defendants Jonathon Breedon, Gerald Romero, and Anthony Schreiner.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Individual Federal Defendants' Motion to Dismiss, filed June 1, 2012 (Doc. 25)("MTD"). The Court held a hearing on November 20, 2012. The primary issues are: (i) whether Plaintiff Phillip Mocek has alleged a plausible claim that Defendants Transportation Security Administration officers Jonathan Breedon, Gerald Romero...

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