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David Clyde Starnes, Shannon Rumley v. Ivan Smith, Detective, in His Individual and Official Capacity Desi Garcia, Sergeant, in His Individual and Official Capacity, and City of Albuquerque, a Municipality Within the State of New Mexico Thrift Town, Inc., a New Mexico Corporation Association for Retarded Citizens of Albuquerque, Inc., a New Mexico Corporation
Citations: 37 F.3d 1455; 30 Fed. R. Serv. 3d 919; 1994 U.S. App. LEXIS 29391Docket: 93-2307
Court: Court of Appeals for the Tenth Circuit; October 20, 1994; Federal Appellate Court
David Clyde Starnes and Shannon Rumley appeal a summary judgment from the United States District Court for the District of New Mexico that dismissed their claims against Detective Ivan Smith and Sergeant Desi Garcia. The plaintiffs argue they were not given a proper opportunity to respond to the defendants' motion for summary judgment, that there are disputed material facts, and that the grant of summary judgment was inconsistent with applicable law. The appellate court identified significant deficiencies in the plaintiffs' brief, including failure to provide a statement of subject matter and appellate jurisdiction, a separate statement of issues for review, and a statement of applicable standards of review. Notably, the brief lacked a factual statement with citations to the record. Despite these shortcomings, the court reviewed the arguments and found them meritless, affirming the district court's judgment. Furthermore, it referred Attorney Paul J. Kennedy for disciplinary proceedings due to repeated violations of appellate briefing rules. The panel determined that oral argument would not aid in the decision-making process and submitted the case without it.