Summary
affirming dismissal of § 1983 claim where arrest was made pursuant to a warrant identifying an individual with multiple matching identifiers as the plaintiff including name and identification number, but with differing middle names
Summary of this case from Jones v. HackerOpinion
Nos. 08-1141, 08-3181.
February 6, 2009.
G. Gordon Atcheson, Westwood, KS, Kurt P. Kerns, Philip R. White, Ariagno, Kerns, Mank White, LLC, Wichita, KS, Cheryl A. Pilate, Olathe, KS, for Plaintiff-Appellant.
Kirsten J. Crawford, Lana L. Rupprecht, Arapahoe County Attorney's Office, Littleton, CO, for Defendants-Appellees.
Before TACHA, SEYMOUR, and HOLMES, Circuit Judges.
ORDER AND JUDGMENT
This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed.R.App.P. 32.1 and 10th Cir. R. 32.1.
Plaintiff-Appellant Francisco J. Reyes was arrested in Arapahoe County, Colorado on a facially valid warrant issued in Sedgwick County, Kansas. Following his detention in Arapahoe County, he was extradited to and detained in Sedgwick County. After his release, he filed a complaint under 42 U.S.C. § 1983 in the United States District Court for the District of Colorado and the District of Kansas, alleging violations under the Fourth and Fourteenth Amendments. Each district court granted summary judgment to the Defendants-Appellees, and Mr. Reyes appealed each decision. Because the district courts' rulings and the issues raised on appeal are identical for both appeals, we consider them together.
Mr. Reyes's claims are clearly foreclosed by Baker v. McCollan, 443 U.S. 137, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979). Accordingly, and for substantially the same reasons articulated by the district courts, we AFFIRM the district courts' grant of summary judgment to the Defendants-Appellees. The motion to seal the appendices is granted.