Legal Opinion

St. John v. McColley

District Court, D. New Mexico

Decided September 8, 2009No. 08-994 BB/LAMPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BRUCE D. BLACK, District Judge.

This matter comes before the Court on cross motions for summary judgment filed by Plaintiff (Doc. 37) and Defendants (Doc. 39). For the reasons set forth below, both Plaintiffs and Defendants’ motions for summary judgment are GRANTED in part and DENIED in part.

Factual and Procedural Background

This is a 42 U.S.C. § 1983 case 1 brought by Plaintiff Matthew St. John after he was escorted out of the Aviator 10 Movie Theater in Alamogordo (“Theater”) and patted down. Defendants, including David McColley, are Alamogordo police officers who…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Malley v. BriggsSupreme Court of the United States · 1986
  4. United States v. MendenhallSupreme Court of the United States · 1980
  5. Hope v. PelzerSupreme Court of the United States · 2002

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3Cited by7 opinions

  1. United States v. Nathaniel BlackCourt of Appeals for the Fourth Circuit · 2013
  2. Michael Walker v. B. DonahoeCourt of Appeals for the Fourth Circuit · 2021
  3. Pulley v. CommonwealthCourt of Appeals of Kentucky · 2016
  4. United States v. YoungDistrict Court, D. New Mexico · 2018
  5. Sanchez v. RushtonDistrict Court, D. New Mexico · 2020

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