BILLY v. CURRY COUNTY BOARD OF COUNTY COMMISSIONERS

No. 2:13-CV-0032 MCA/LAM.

GERRY BILLY, Plaintiff, v. THE CURRY COUNTY BOARD OF COUNTY COMMISSIONERS, a political sub-division existing under the laws of the State of New Mexico, and LANCE PYLE, Individually and in his official capacity as County Manager for the Curry County Board of County Commissioners, ROBERT SANDOVAL, Individually, FRANK BLACKBURN, Individually, BEN MCDANIEL, Individually, and TIM ASHLEY, Individually, Defendants.

United States District Court, D. New Mexico.

September 30, 2014.


Attorney(s) appearing for the Case

Gerry Billy, Plaintiff, represented by Eric D Dixon , Attorney & Counselor at Law, P.A..

Curry County Board of County Commissioners, a political sub-division existing under the laws of the State of New Mexico, Defendant, represented by Bryan D Evans , Atwood, Malone, Turner & Sabin, PA, Barbara Evans , Atwood Malone Turner & Sabin & Carla Neusch Williams , Atwood, Malone, Turner & Sabin, PA.

Lance Pyle, individually, and in his official capacity as County Manager for the Curry County Board of County Commissioners, Defendant, represented by Bryan D Evans , Atwood, Malone, Turner & Sabin, PA, Barbara Evans , Atwood Malone Turner & Sabin & Carla Neusch Williams , Atwood, Malone, Turner & Sabin, PA.

Robert Sandoval, Defendant, represented by Bryan D Evans , Atwood, Malone, Turner & Sabin, PA, Barbara Evans , Atwood Malone Turner & Sabin & Carla Neusch Williams , Atwood, Malone, Turner & Sabin, PA.

Ben McDaniel, Defendant, represented by Bryan D Evans , Atwood, Malone, Turner & Sabin, PA, Barbara Evans , Atwood Malone Turner & Sabin & Carla Neusch Williams , Atwood, Malone, Turner & Sabin, PA.

Frank Blackburn, Defendant, represented by Bryan D Evans , Atwood, Malone, Turner & Sabin, PA, Barbara Evans , Atwood Malone Turner & Sabin & Carla Neusch Williams , Atwood, Malone, Turner & Sabin, PA.

Tim Ashley, all Individually, Defendant, represented by Bryan D Evans , Atwood, Malone, Turner & Sabin, PA, Barbara Evans , Atwood Malone Turner & Sabin & Carla Neusch Williams , Atwood, Malone, Turner & Sabin, PA.

Mr. Wendell Bostwick, Defendant, represented by Mary T. Torres , Beall & Biehler.


MEMORANDUM OPINION AND ORDER

M. CHRISTINA ARMIJO, Chief District Judge.

THIS MATTER is before the Court on Defendants' Motion for Summary Judgment [Doc. 74]. Having considered the parties' submissions, the relevant case law, and otherwise being fully advised in the premises, the Court will grant in part and deny in part Defendants' motion.

I. BACKGROUND

The following facts...

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