MARQUEZ v. CITY OF ALBUQUERQUE

No. 02-2294.

399 F.3d 1216 (2005)

Marlo MARQUEZ, Plaintiff-Appellant, v. The CITY OF ALBUQUERQUE and Officer Andrew Lehocky, both in his official capacity as a police officer and individually, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 25, 2005.


Attorney(s) appearing for the Case

Sam Bregman (Amy G. Archibeque with him on the brief), The Bregman Law Firm, P.C., Albuquerque, New Mexico, for Plaintiff-Appellant.

Luis Robles (Christina Anaya with him on the brief) French & Associates, Albuquerque, New Mexico, for Defendant-Appellee Andrew Lehocky.

Kathryn Levy, Deputy City Attorney, City of Albuquerque, Albuquerque, New Mexico, on the brief for Defendant-Appellee City of Albuquerque.

Before KELLY, HOLLOWAY and HARTZ, Circuit Judges.


HOLLOWAY, Circuit Judge.

This is an appeal of a judgment on a jury verdict for the Defendants in a § 1983 case alleging the use of excessive force to effectuate an arrest following a high-speed chase. Plaintiff, Marlo Marquez, was a passenger in a car that was involved in a high-speed police chase that started because the police believed the car contained burglary suspects. At the conclusion of the chase, Plaintiff was apprehended by Defendant Lehocky's police...

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