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eBook details

• Title: Buck v. City of Albuquerque
• Author : Arizona Court of Appeals
• Release Date : January 09, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

In this fact-bound interlocutory appeal, Captain John Gonzales appeals the district courts denial of his motion for summary judgment as to six claims against him, each originating in events that transpired during an antiwar rally at the University of New Mexico ("UNM"). Captain Gonzales raises six challenges to the district courts order: the district court erred when it denied summary judgment as to plaintiffs claims regarding (1) unconstitutional arrest; (2) excessive force; (3) First Amendment infringement; (4) retaliatory prosecution; (5) malicious prosecution; and (6) malicious abuse of process under New Mexico law. We hold that the district court was correct when it determined that Capt. Gonzales was not entitled to qualified immunity as to whether Capt. Gonzales is liable under Section 1983 for (1) directing the arrests of and (2) authorizing the use of force against certain of the Plaintiffs. We also agree that the rights underlying these claims were clearly established. As to the (3) First Amendment retaliation claim, because the right to peaceful assembly and freedom of speech is clearly established, Capt. Gonzaless challenges to the district courts findings fail. We are unable to review the balance of Capt. Gonzaless challenges, because our jurisdiction is limited. Specifically, we are without jurisdiction to consider factual disputes as to the excessiveness of the force officers used against the protestors, or the sufficiency of the evidence underlying the claims involving First Amendment retaliation, retaliatory prosecution, or malicious prosecution. Finally, we decline to exercise pendent state law jurisdiction over the state law tort claim of malicious abuse of process.

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