Legal Opinion

Chacon v. Albuquerque Police Dep't

District Court, D. New Mexico

Decided August 31, 2018No. CIV 17-0278 JB/LFPublishedCited by 2 opinions

1Opinion of the Court

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Plaintiff's Civil Rights Complaint Pursuant to 42 U.S.C. § 1983, filed March 1, 2017 (Doc. 1)("Complaint"). Plaintiff Jorge Chacon is incarcerated, appears pro se, and is proceeding in forma pauperis. He asserts that Defendants Benjamin Daffron and Jonathan Franco, who are Police Officers with the Albuquerque Police Department ("APD"), used excessive force during his December, 2015, arrest. Having reviewed the matter sua sponte under 28 U.S.C. § 1915A, the Court will dismiss the Complaint for failure to…

2Cases cited34 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Neitzke v. WilliamsSupreme Court of the United States · 1989
  5. West v. AtkinsSupreme Court of the United States · 1988

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3Cited by2 opinions

  1. Gerardo Garcia v. Denise Boyea, Eddie Harrell, Dale Janway, Nadine Mireles and Jeff Patterson, in their capacities as officials for the CITY OF CARLSBAD, NEW MEXICODistrict Court, D. New Mexico · 2026
  2. Griffay v. State of New MexicoDistrict Court, D. New Mexico · 2023

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