Summary
concluding that the defendant police officer acted reasonably in handcuffing the plaintiff, whom he suspected had recently assaulted a person on the side of the road by threatening him with a gun
Summary of this case from United States v. MartinezOpinion
No. CIV 12-0527 JB/RHS
04-30-2014
Mark Fine Fine Law Firm Albuquerque, New Mexico Attorneys for the Plaintiff Phillip W. Cheves W. Ann Maggiore Butt, Thornton & Baehr, P.C. Albuquerque, New Mexico Attorneys for the Defendants
FINAL JUDGMENT
THIS MATTER comes before the Court on the Court's Memorandum Opinion and Order, filed April 30, 2014 (Doc. 28)("MOO"), in which the Court granted the requests in the Defendants Joseph Schake and the State of New Mexico's Motion for Summary Judgment Based on Qualified Immunity and Supporting Memorandum of Law, filed October 10, 2012 (Doc. 14), denied the Plaintiff's Cross-Motion for Summary Judgment, filed December 19, 2012 (Doc. 20), dismissed all federal claims in the case, and remanded the remaining case to the Second Judicial District Court, County of Bernalillo, State of New Mexico. Because the Court's MOO disposes of all claims and parties before the Court, the Court now enters final judgment in this matter.
IT IS ORDERED that this case and all Plaintiff Adolphe Pierre-Louis' remaining state law claims are remanded to the Second Judicial District Court, County of Bernalillo, State of New Mexico, and final judgment is entered.
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UNITED STATES DISTRICT JUDGE
Counsel:
Mark Fine
Fine Law Firm
Albuquerque, New Mexico
Attorneys for the Plaintiff Phillip W. Cheves
W. Ann Maggiore
Butt, Thornton & Baehr, P.C.
Albuquerque, New Mexico
Attorneys for the Defendants