make an arrest for child abuse in order to remove a child from a potentially hazardous situation, and in this case, the child was removed from the apartment and placed in CYFD custody. Because the facts before Officer O’Brien at the time of Plaintiff’s arrest do not satisfy the elements of child abuse under N.M.S.A. § 30-6-1, the Court finds that Officer O’Brien arrested Plaintiff without probable cause. Finally, the Court notes that Defendants argue that the question of whether Officer O’Brien had probable cause to arrest Plaintiff is a factual question for the jury. The Court disagrees. Probable cause for arrest is a proper issue for the jury “when there is no genuine issue of material fact.” Keylon, 535 F.3d at 1215 (citing Bruner v. Baker, 506 F.3d 1021, 1028 (10th Cir.2007)) (<HOLDING>). Since the Court has determined that there are
holding that when there are no genuine issues of material fact summary judgment is appropriate holding trial court erred in denying defendants motion for arrest of judgment where indictment was insufficient holding that trial court erred in denying motion for judgment of acquittal when state failed to prove venue holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues holding that bjecause there were no issues of genuine fact  the district court erred in denying ms keylons motion for judgment as a matter of law