Pauly v. State of New Mexico Department of Public Safety et al

Filing 180

SUMMARY JUDGMENT AS TO COUNT ONE by District Judge Kenneth J. Gonzales in favor of Defendants White, Mariscal and Truesdale. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DANIEL T. PAULY, as Personal Representative
of the ESTATE OF SAMUEL PAULY, deceased,
and DANIEL B. PAULY, Individually,
Plaintiffs,
vs.

Civ. No. 12-1311 KG/JHR

STATE OF NEW MEXICO
DEPARTMENT OF PUBLIC SAFETY,
RAY WHITE, MICHAEL MARISCAL, and
KEVIN TRUESDALE,
Defendant.
SUMMARY JUDGMENT AS TO COUNT ONE
This matter comes before the Court upon the mandate filed by the Tenth Circuit Court of
Appeals on November 22, 2017, and the Tenth Circuit’s opinion, filed on October 31, 2017.
(Doc. 177). Pursuant to that mandate and opinion,
IT IS ORDERED that
1. summary judgment is entered in favor of Defendants Ray White, Michael Mariscal,
and Keven Truesdale on Count One of the “Amended Second Amended Complaint for Damages
for Deprivation of Civil Rights, Wrongful Death, and Common Law Torts” (Doc. 142); and
2. Count One is dismissed with prejudice.

________________________________
UNITED STATES DISTRICT JUDGE