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535 F.3d 1198 *; 2008 U.S. App. LEXIS 16543 **
JOHN VONDRAK, Plaintiff-Appellee/Cross-Appellant, v. CITY OF LAS CRUCES; CINDY McCANTS and NATHAN KRAUSE, individuals and employees of the Las Cruces Police Department, Defendants-Appellants/Cross-Appellees.
Subsequent History: US Supreme Court certiorari denied by City of Las Cruces v. Vondrak, 129 S. Ct. 1003, 173 L. Ed. 2d 293, 2009 U.S. LEXIS 661 (U.S., 2009)
Motion granted by, in part, Motion denied by, in part Vondrak v. City of Las Cruces, 2009 U.S. Dist. LEXIS 43712 (D.N.M., Mar. 26, 2009)
Prior History: [**1] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. (D.C. No. CIV-05-172-JB/LFG).
Vondrak v. City of Las Cruces, 2007 U.S. Dist. LEXIS 55677 (D.N.M., May 14, 2007)
qualified immunity, excessive force, reasonable suspicion, wrists, district court, handcuffs, illegal arrest, arrest, tight, summary judgment, handcuffing, field sobriety test, medical attention, drinking, alcohol, driving, nerve, appellate jurisdiction, quotation, marks, cross-appeal, intoxicating, checkpoint, radial, constitutional right, consumed, hurting, pendent, beer, police officer
Civil Procedure, Appeals, Summary Judgment Review, Appealability, Civil Rights Law, Protection of Rights, Immunity From Liability, Defenses, Appellate Jurisdiction, Interlocutory Orders, Appellate Briefs, Reviewability of Lower Court Decisions, Preservation for Review, Standards of Review, Standards of Review, De Novo Review, Judgments, Summary Judgment, Evidentiary Considerations, Entitlement as Matter of Law, Genuine Disputes, Legal Entitlement, General Overview, Torts, Public Entity Liability, Excessive Force, Prisoner Rights, Medical Treatment, Criminal Law & Procedure, Search & Seizure, Seizure of Persons, Driving Under the Influence, Blood Alcohol & Field Sobriety Testing, Vehicular Crimes