Perea v. Stout

OPINION

WOOD, Chief Judge.

This lawsuit involves both action and inaction on the part of eight defendants in connection with matters which resulted in plaintiff being jailed. After reviewing the facts in a light most favorable to the results in the trial court, we discuss: (1) alleged misconduct of defense attorneys; (2) a directed verdict; and (3) five issues concerning instructions, the most important of which is the fifth one — a law officer’s defense to a false imprisonment claim.

Stout, an officer of the Game and Fish Department, was patrolling a mesa east of Belen, New Mexico. He observed…