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CHAVEZ v. CITY OF ALBUQUERQUE

No. 03-2195.

402 F.3d 1039 (2005)

Nestor CHAVEZ, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE; Gerald Galvin, individually and in his official capacity as Chief of Police of the City of Albuquerque; Andrew Lehockey, individually and in his offical capacity as Police Officer of the Albuquerque Police Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 29, 2005.

Attorney(s) appearing for the Case

Dennis W. Montoya, Montoya Law, Inc., Albuquerque, NM, for Plaintiff-Appellant.

Luis E. Robles, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendant-Appellee Andrew Lehockey (Kathryn Levy, Deputy City Attorney, for Defendant-Appellee City of Albuquerque, with him on the brief).

Before LUCERO and TYMKOVICH, Circuit Judges, and BLACKBURN, District Judge.

BLACKBURN, District Judge.

Plaintiff-Appellant Nestor Chávez contends that the district court erred in dismissing his jury verdict as a sanction for perjuring himself during discovery. Finding no error in that decision, or on any other basis urged on appeal, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

At 3:40 a.m., on the morning of February 16, 1998, officer Donald Piatt of the Albuquerque Police...

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