Fogarty v. Gallegos

LUCERO, Circuit Judge.

Plaintiff-Appellee John D. Fogarty brought this action against six Albuquerque Police Department (“APD”) officers and supervisors (“defendants”),1 alleging constitutional violations under 42 U.S.C. § 1983 as well as state law tort claims. On appeal, defendants assert that they are entitled to qualified immunity from the § 1983 claims and summary judgment on certain of Fogarty’s state law tort claims. Exercising limited jurisdiction over this interlocutory appeal pursuant to Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), we affirm the district…