Legal Opinion
Malone v. Board of County Commissioners
Court of Appeals for the Tenth Circuit
Decided September 8, 2017No. 16-2222UnpublishedCited by 4 opinions
1Opinion of the Court
ORDER AND JUDGMENT *
David M. Ebel, Circuit Judge
In this interlocutory appeal, Defendant-Appellant Chase Thouvenell contends that the district court erred in denying him qualified immunity from a 42 U.S.C. § 1983 claim asserted by the personal representative of the estate of Michael Malone (“Malone”), alleging that Deputy Thouve-nell violated the Fourth Amendment when he shot and killed Malone while trying to arrest him. We conclude that Thouvenell is entitled to qualified immunity because Malone failed to show that Thouvenell violated clearly established law. Therefore, having jurisdiction…
2Cases cited15 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Pearson v. CallahanSupreme Court of the United States · 2009
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Mullenix v. LunaSupreme Court of the United States · 2015
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3Cited by4 opinions
- McGarry v. Bd. of Cnty. Commissioners for the Cnty. of LincolnDistrict Court, D. New Mexico · 2018
- Nelson v. City of AlbuquerqueDistrict Court, D. New Mexico · 2017
- Manzanares v. Roosevelt Cnty. Adult Det. Ctr.District Court, D. New Mexico · 2018
- White v. Topeka, City ofDistrict Court, D. Kansas · 2020