Sherouse v. Ratchner, No. 08-2105 - Criminal Law - U.S. Tenth Circuit
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Sherouse v. Ratchner, No. 08-2105

In a 42 U.S.C. section 1983 action alleging an unlawful arrest, judgment for defendants is affirmed in part where the district court did not abuse its discretion by declining to give an involuntary transportation instruction, because defendants conceded that transporting plaintiffs to the police station was equivalent to an arrest. However, the ruling is reversed in part where defendants lacked probable cause to arrest plaintiffs as a matter of law.

Read Sherouse v. Ratchner, No. 08-2105

Appellate Information

Filed July 31, 2009

Judges

Opinion by Judge McConnell

Counsel

For Appellants:

Paul J. Kennedy, Kennedy & Han, P.C., Santa Fe, NM

Mary Y. C. Han, Kennedy & Han, P.C., Santa Fe, NM

For Appellees:

Lisa Eutes Pullen, Civerolo, Gralow, Hill & Curtis, P.A., Albuquerque, NM

Megan Day Hill, Civerolo, Gralow, Hill & Curtis, P.A., Albuquerque, NM