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McClelland v. Facteau

United States Court of Appeals for the Tenth Circuit
610 F.2d 693 (1979)

Written by Noah Lewis, JD

Facts

New Mexico patrolman Jonathan Facteau (defendant) stopped Cecil McClelland (plaintiff) for speeding. McClelland refused to sign the traffic citation, so Facteau took him to Farmington City Jail. Officer Jimmie Brown (defendant) booked McClelland at the jail. State police lieutenant Conn Brown (defendant) then questioned McClelland but failed to inform him of his constitutional rights and denied him phone calls, including to his attorney. McClelland was not arraigned, but he was beaten against a wall by Facteau, as witnessed by the Browns. McClelland filed a 42 U.S.C. § 1983 action alleging deprivation of his constitutional rights. The five defendants were the three officers involved plus Robert Schmerheim, chief of the Farmington City Police, and Martin Vigil, chief of the New Mexico State Police, (the chiefs) (defendants). The chiefs had no direct participation, but similar misconduct was widely known, reported in newspapers, and Chief Schmerheim was even a defendant in two lawsuits involving the death of people incarcerated in Farmington jail. The district court granted summary judgment in favor of the chiefs, and the appeal involved only the claims against them.

Rule of Law

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Issue

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Holding and Reasoning (Logan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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