Tag Archives: Section 1983

10th Circuit: Prisoner who was victim of unprovoked assault by Denver sheriff’s deputy failed to allege Section 1983 municipal liability claim

by Emil J. Kiehne Posted on August 5, 2019

Anthony Waller, a criminal defendant, was at a hearing in a courtroom inside the Denver city jail. He politely and calmly addressed the judge about his disagreement with the State’s case against him. Suddenly, a deputy sheriff spun Mr. Waller … Continue reading →

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10th Circuit: Albuquerque city clerk and lawyers are immune from suit by failed mayoral candidate

by Emil J. Kiehne Posted on August 2, 2019

Stella Padilla wanted to run for mayor of Albuquerque in 2018, but the city clerk, Natalie Howard, rejected her nominating petition. Padilla filed a suit in state district court asking for declaratory judgment that her petition was proper. During the … Continue reading →

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10th Circuit rules against officers who allegedly procured false confession from mentally disabled man

by Emil J. Kiehne Posted on January 12, 2016

The Tenth Circuit has affirmed a trial court’s denial of qualified immunity to several Colorado police officers, who are being sued for allegedly using a confession they knew to be false to charge plaintiff Tyler Sanchez, a man with cognitive … Continue reading →

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10th Circuit: Bernalillo County deputies must face trial on excessive force claims

by Emil J. Kiehne Posted on October 23, 2015

In March 2013, the Maresca family — wife, husband, and three children — were returning from a hiking excursion in their red 2004 Ford-150 pickup truck when two Bernalillo County sheriff’s deputies pulled their vehicle over. The Marescas had not … Continue reading →

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