Hernandez v. City of Albuquerque et al
Filing
125
ORDER GRANTING 49 DEFENDANT AKEEM POWDRELL'S MOTION FOR SUMMARY JUDGMENT by District Judge Kenneth J. Gonzales. (tah)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALFONSO HERNANDEZ,
Plaintiff,
vs.
Civ. No. 14-964 KG/SCY
CITY OF ALBUQUERQUE, et al.,
Defendants.
ORDER GRANTING DEFENDANT AKEEM POWDRELL’S
MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on Defendant Powdrell’s Motion for Summary Judgment
and Memorandum in Support Thereof, filed June 19, 2015. (Doc. 49).
IT IS ORDERED that
1.
Defendant Powdrell’s Motion for Summary Judgment (Doc. 49) is granted;
2.
Summary judgment will be entered in favor of Defendants Fitzgerald and
Powdrell on Counts III, IV, and V of the Complaint;
3.
Summary judgment will be entered in favor of Defendant Powdrell on the Fourth
Amendment excessive force claim in Count VII of the Complaint;
4.
Summary judgment will be entered in favor of Defendant Powdrell on the Fourth
Amendment false arrest and/or false imprisonment claim in Count VIII of the Complaint;
5.
Count III: Assault under the New Mexico Tort Claims Act is dismissed in its
entirety with prejudice;
6.
Count IV: Battery under the New Mexico Tort Claims Act is dismissed in its
entirety with prejudice;
7.
Count V: False Arrest and/or False Imprisonment under the New Mexico Tort
Claims Act is dismissed in its entirety with prejudice;
8.
Count VII: Deprivation of Civil Rights under 42 U.S.C. Section 1983 – (Fourth
Amendment) Excessive Force, Unreasonable and/or Unlawful Use of Force is dismissed as to
Defendant Powdrell with prejudice;
9.
Count VIII: Deprivation of Civil Rights under 42 U.S.C. Section 1983 – (Fourth
Amendment) False Arrest/False Imprisonment is dismissed as to Defendant Powdrell with
prejudice; and
10.
Count VIII: Deprivation of Civil Rights under 42 U.S.C. Section 1983 –
(Fourteenth Amendment) False Arrest/False Imprisonment is dismissed in its entirety without
prejudice; and
11.
Defendant Powdrell is dismissed entirely from this matter and his name will be
stricken from the caption of this case.
_______________________________
UNITED STATES DISTRICT JUDGE
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