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MARTINEZ v. CITY OF ALBUQUERQUE

No. 98-2235.

184 F.3d 1123 (1999)

Candido MARTINEZ, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE; Lance Fleming; Cisco Martinez; Wayne Jones; J.A. Mosher; Joseph Polisar; John Mckenna; George Carillo; Mike Reynolds, individually and as police officers for the Albuquerque Police Department; Bob Stover, as Chief of Police; Ruben Davalos; Paul J. Montoya; Ernesto Salicido; P.J. Montoya, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 15, 1999.

Attorney(s) appearing for the Case

Martin A. Lopez, Las Vegas, New Mexico, for Plaintiff-Appellant.

Richard A. Sandoval, Assistant City Attorney, City of Albuquerque, Albuquerque, New Mexico, for Defendants-Appellees.

Before BALDOCK, HOLLOWAY, and HENRY, Circuit Judges.

BALDOCK, Circuit Judge.

The appeal in this civil rights action arises out of Plaintiff Candido Martinez' arrest in the City of Albuquerque, New Mexico, on state misdemeanor charges of patronizing a prostitute, battery, and resisting arrest. According to the state criminal complaint, on January 20, 1994, Martinez, while in his vehicle, solicited an undercover female police officer for sex. When surveillance officers from the Albuquerque Police Department approached...

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