A federal appeals court ruled this week that a Las Cruces man's lawsuit against three local police officers can go forward, the Las Cruces Sun-News reported.

James York, who was arrested in the parking lot of a Las Cruces Target store on Aug. 14, 2004 after calling a woman who beat him to a parking spot a "bitch," sued three police officers for false arrest and violations of his civil rights, the Sun-News said.

The 10th Circuit Court of Appeals ruled in Denver on Tuesday that the "B-word" did not constitute an arrestable offense and affirmed a lower court ruling that there was evidence to suggest that excessive force may have been used in the arrest, the paper reported.

The court, in a 14-page opinion (pdf download), affirmed that Officers Chris Gallegos, Frank Lucero and Greg Martinez cannot claim qualified immunity from York's lawsuit, the Sun-News said.

The officers were denied qualified immunity by a U.S. District Court judge in New Mexico and appealed the lower court decision, according to the paper.

York sued the officers (pdf download) in August 2006 for false arrest and claimed violation of his 1st, 4th and 14th Amendment rights, and claimed excessive force cost him $80,000 in medical bills, the Sun-News said.

Claims against the city have been dismissed, leaving only the officers as defendants, the paper reported. 

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