Bad Lawyering Harms Civil Rights Plaintiff

Smith v. McCord, 2013 WL 323218 (1/29/13) (N. M.) (unpub'd) - The 10th bemoans the fact that it has to affirm the dismissal of a civil rights complaint due to "an unfortunate tale of poor lawyering." According to the plaintiff, when he went out to his front lawn to find out why officers and EMTs were there, an officer knocked him down and "thrust" him into a police car. But in responding to the defendants' qualified immunity claim, the plaintiff's attorney did not try to meet the burden of showing the violation of a clearly established constitutional right. The plaintiff was bound by his lawyer's inaction.