Albright v. Rodriguez

BALDOCK, Circuit Judge.

Defendant Rudy Carey appeals the district court’s denial of his motion for summary judgment in Plaintiff Richard Albright’s 42 U.S.C. § 1983 action. We exercise jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817-18, 86 L.Ed.2d 411 (1985), and reverse.

I

On March 21, 1992, Dennis Zumwalt, his son, and Plaintiff were traveling north on Interstate 25 in a Ford van. Zumwalt, who was driving, stopped at the border patrol checkpoint near Truth or Consequences, New Mexico. Border Patrol Agent Adam Monsibaiz approached the van to…