Legal Opinion

Peña v. Greffet

District Court, D. New Mexico

Decided May 16, 2015No. CIV 12-0710 JB/KBMPublishedCited by 8 opinions

1Opinion of the Court

AMENDED MEMORANDUM OPINION1

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Vallejos’ Motion to Dismiss Plaintiffs Claims in the First Amended Complaint, *1033filed March 18, 2013 (Doc. 32)(“MTD”). The Court held a hearing on June 20, 2013. The primary issues are: (i) whether Plaintiff Crystal Peña has alleged a plausible excessive force claim under the Eighth Amendment to the Constitution of the United States of America, where she alleges that Defendant Carlos Vallejos, a correctional officer in a facility in which she was an inmate, pushed her against a wall for refusing…

2Cases cited69 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Farmer v. BrennanSupreme Court of the United States · 1994
  4. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  5. Graham v. ConnorSupreme Court of the United States · 1989

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3Cited by8 opinions

  1. Nelson v. Bolles (In re Bolles)United States Bankruptcy Court, D. New Mexico · 2018
  2. Milliron v. County of San JuanNew Mexico Court of Appeals · 2016
  3. Chacon v. Albuquerque Police Dep'tDistrict Court, D. New Mexico · 2018
  4. Carrillo-Ortiz v. New Mexico Department of Public SafetyDistrict Court, D. New Mexico · 2019
  5. Davonne Williams v. ICON Clinical Research, LLCDistrict Court, D. Utah · 2026

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