999 F.2d 548 (10th Cir. 1993), 92-2231, Stege v. Girard

Docket Nº:92-2231.
Citation:999 F.2d 548
Party Name:Jason STEGE, Justin Stege, Plaintiffs-Appellants, v. C. Joseph GIRARD, Mitchell B. Trimmer, Defendants-Appellees.
Case Date:June 29, 1993
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 548

999 F.2d 548 (10th Cir. 1993)

Jason STEGE, Justin Stege, Plaintiffs-Appellants,

v.

C. Joseph GIRARD, Mitchell B. Trimmer, Defendants-Appellees.

No. 92-2231.

United States Court of Appeals, Tenth Circuit

June 29, 1993

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA10 Rule 36.3 regarding use of unpublished opinions)

D.N.M., No. CIV-91-1087-SC.

D.N.M.

AFFIRMED.

Before SEYMOUR and TACHA, Circuit Judges, and ROGERS, [*] Senior District Judge.

ORDER AND JUDGMENT [**]

TACHA, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

In this civil rights action, 42 U.S.C. § 1983, plaintiffs appeal the district court's decision directing a verdict in favor of defendants following the close of plaintiffs' case-in-chief. This litigation stems from an incident during which defendants, Los Alamos, New Mexico, police officers, entered plaintiffs' home during the course of a party involving underage individuals drinking beer and arrested plaintiffs without either search or arrest warrants. The district court determined that defendants were entitled to qualified immunity and, alternatively, that they were, as a matter of law, entitled to judgment in their favor because they had acted lawfully.

This court reviews a directed verdict de novo. See First Sec. Bank v. Taylor, 964 F.2d 1053, 1055 (10th Cir.1992) (reviewing denial of directed verdict). "A directed verdict is appropriate only if the evidence, viewed in the light most favorable to the nonmoving party, 'points but one way and is susceptible to no reasonable inferences supporting' the nonmoving party." Riggs v. Scrivner, Inc., 927 F.2d 1146, 1149 (10th Cir.) (quoting Zimmerman v. First Fed. Sav. & Loan Ass'n, 848 F.2d 1047, 1051 (10th Cir.1988)), cert. denied, 112 S.Ct. 196 (1991). Because we conclude that defendants were entitled to qualified immunity, we need not address whether defendants' conduct was lawful.

"[W]hether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action generally...

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