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APODACA v. CITY OF ALBUQUERQUE

No. 05-2008.

443 F.3d 1286 (2006)

RUTH F. APODACA, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, doing business as Bernalillo County Detention Center, doing business as Albuquerque Police Department; Martin Chavez, III, individually and in his official capacity as Mayor of the City of Albuquerque; B. Lucero, Officer, individually and in his official capacity as a police officer of the Albuquerque Police Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 11, 2006.

Attorney(s) appearing for the Case

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

Kathryn Levy, Assistant City Attorney (Catherine D. Arlowe, Assistant City Attorney, Robert M. White, City Attorney, on the brief), City of Albuquerque, Albuquerque, NM, for the Defendants-Appellees.

Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

Ruth Apodaca was arrested on January 14, 2002, by Officer B. Lucero of the Albuquerque Police Department after a highspeed chase involving a car in which she was a passenger. On June 24, 2002, she filed a complaint in the United States District Court for the District of New Mexico against the City of Albuquerque, Mayor Martin Chavez III, and Officer Lucero (Defendants) under 42 U.S.C. § 1983. She alleged wrongful arrest in violation of the...

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