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eBook details

• Title: Fogarty v. Gallegos
• Author : Arizona Court of Appeals
• Release Date : January 18, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Plaintiff-Appellee John D. Fogarty brought this action against six Albuquerque Police Department ("APD") officers and supervisors ("defendants"), alleging constitutional violations under 42 U.S.C. § 1983 as well as state law tort claims. On appeal, defendants assert that they are entitled to qualified immunity from the § 1983 claims and summary judgment on certain of Fogartys state law tort claims. Exercising limited jurisdiction over this interlocutory appeal pursuant to Mitchell v. Forsyth, 472 U.S. 511 (1985), we affirm the district courts denial of summary judgment to John Gonzales, Nick Gonzales, Steven Hill, and Dave Hubbard, reverse the denial of summary judgment to Donald Keith, and dismiss defendants state-law appeals for lack of jurisdiction.

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