Legal Opinion
Gutierrez v. Luna County
Court of Appeals for the Tenth Circuit
Decided November 15, 2016No. 15-2161PublishedCited by 238 opinions
1Opinion of the Court
MATHESON, Circuit Judge.
Anna Gutierrez and her mother, Patsy Flores, (“Plaintiffs”) appeal the district court’s grant of summary judgment based on qualified immunity to Luna County New Mexico Sheriffs Deputy Gabriel Maynes on three of their claims brought under 42 U.S.C. § 1983: (1) excessive use of force, (2) unlawful entry, and (3) unlawful seizure. When Deputy Maynes asserted the qualified immunity defense, Plaintiffs needed to show (1) a violation of (2) clearly established federal law. The district court concluded they failed to do so. Indeed, on their excessive force claim, they did not…
2Cases cited38 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Graham v. ConnorSupreme Court of the United States · 1989
- Pearson v. CallahanSupreme Court of the United States · 2009
- Malley v. BriggsSupreme Court of the United States · 1986
- Tennessee v. GarnerSupreme Court of the United States · 1985
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3Cited by238 opinions
- Cummings v. DeanCourt of Appeals for the Tenth Circuit · 2019
- T.D. v. PattonCourt of Appeals for the Tenth Circuit · 2017
- Fassbender v. Correct Care Solutions, LLCCourt of Appeals for the Tenth Circuit · 2018
- Knopf v. WilliamsCourt of Appeals for the Tenth Circuit · 2018
- Smart v. City of WichitaCourt of Appeals for the Tenth Circuit · 2020
233 more not listed; retrieve them via the Exa API.