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Pierre-Louis v. Schake

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Apr 30, 2014
No. CIV 12-0527 JB/RHS (D.N.M. Apr. 30, 2014)

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. Colbert

Opinion

No. CIV 12-0527 JB/RHS

04-30-2014

ADOLPHE PIERRE-LOUIS, Plaintiff, v. JOSEPH SCHAKE, in his individual capacity and the STATE OF NEW MEXICO, Defendants.

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.

__________

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


Summaries of

Pierre-Louis v. Schake

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Apr 30, 2014
No. CIV 12-0527 JB/RHS (D.N.M. Apr. 30, 2014)

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. Colbert

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. Jackson

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. Valdez

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 Favela v. City of Las Cruces ex rel. Las Cruces Police Dep't

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 J.H. v. Nation

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 J.H. ex rel. J.P. v. Bernalillo Cnty.

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 Reid v. Pautler

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 Rivera v. Bates
Case details for

Pierre-Louis v. Schake

Case Details

Full title:ADOLPHE PIERRE-LOUIS, Plaintiff, v. JOSEPH SCHAKE, in his individual…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Date published: Apr 30, 2014

Citations

No. CIV 12-0527 JB/RHS (D.N.M. Apr. 30, 2014)

Citing Cases

J.H. ex rel. J.P. v. Bernalillo Cnty.

See United States v. Albert, 579 F.3d 1188, 1195 (10th Cir.2009) (“[W]e have approved the use of handcuffs in…

Ward v. City of Hobbs

The use of handcuffs, however, does not always elevate a detention into an arrest. See United States v.…