Mr. St. John was, as Officer McColley recalls, "respectful and cooperative." McColley Depo. 16:14.
In September 2008, Mr. St. John filed suit in New Mexico state court alleging Fourth Amendment violations, violations of the New Mexico Constitution, battery, and false arrest. He asserts his federal claims under 42 U.S.C. § 1983 and his state-law claims under the New Mexico Tort Claims Act. Based inter alia on 28 U.S.C. § 1331 and 28 U.S.C. § 1441, Defendants removed this matter in October 2008. Discovery commenced and, in May 2009, both parties filed summary-judgment motions averring that no genuine issues of material fact exist. Mr. St. John seeks an entry of judgment in his favor on all counts. Defendants assert both that Mr. St. John has no cognizable claims and thatId.

Analysis

1. St. John's Fourth Amendment Claims
Mr. St. John asserts claims arising from the Fourth Amendment's prohibition on unreasonable searches and seizures.[3] The Fourth Amendment applies to the states through the Fourteenth Amendment's Due Process Clause, see, e.g., Jones v. Hunt, 410 F.3d 1221, 1225 (10th Cir.2005), and provides, in part: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...." U.S. Const. amend. IV. Mr. St. John claims that he was subjected to an unreasonable seizure when Defendants removed him from the Theater and that he was subjected to an unreasonable search when Defendants patted him down. In response, Defendants claim that no Fourth Amendment violation took place and, alternatively, that Mr. St. John's