Legal Opinion

York v. City of Las Cruces

Court of Appeals for the Tenth Circuit

Decided April 22, 2008No. 07-2150PublishedCited by 128 opinions

1Opinion of the Court

ANDERSON, Circuit Judge.

Plaintiff James York has sued the defendant police officers, Chris Gallegos, Frank Lucero, and Greg Martinez, under 42 U.S.C. § 1983, for violating his First and Fourth Amendment rights when they arrested him for saying “bitch” in a public place and used excessive force during the arrest. The police officers moved for summary judgment on the grounds of qualified immunity, arguing that their actions did not violate any of Mr. York’s clearly established constitutional rights. 1 The district court denied qualified immunity with respect to Mr. York’s § 1983 claims. It held…

2Cases cited15 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Scott v. HarrisSupreme Court of the United States · 2007
  3. Johnson v. JonesSupreme Court of the United States · 1995
  4. Medina v. CramCourt of Appeals for the Tenth Circuit · 2001
  5. Casey v. City of Federal HeightsCourt of Appeals for the Tenth Circuit · 2007

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3Cited by128 opinions

  1. Estate of Marvin L. Booker v. GomezCourt of Appeals for the Tenth Circuit · 2014
  2. Thomson v. Salt Lake CountyCourt of Appeals for the Tenth Circuit · 2009
  3. Mink v. KnoxCourt of Appeals for the Tenth Circuit · 2010
  4. A.M. Ex Rel. F.M. v. HolmesCourt of Appeals for the Tenth Circuit · 2016
  5. Riggins v. GoodmanCourt of Appeals for the Tenth Circuit · 2009

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