MOCEK v. CITY OF ALBUQUERQUE

No. CIV 11-1009 JB/KBM.

3 F.Supp.3d 1002 (2014)

Phillip MOCEK, Plaintiff, v. CITY OF ALBUQUERQUE, Albuquerque Aviation Police Department, Marshall Katz, in his official capacity as Chief of Police of the Albuquerque Aviation Police Department, Jonathan Breedon, Gerald Romero, Anthony Schreiner, Robert F. Dilley a/k/a Bobby Dilley, Landra Wiggins, Julio De La Pena, and Does 1-25, inclusive, Defendants.

United States District Court, D. New Mexico.

Filed February 28, 2014.


Attorney(s) appearing for the Case

Geoffrey King , James Wheaton , Lowell Chow , First Amendment Project, William Simpich , Law Office of William Simpich, Oakland, CA, Mary Louise Boelcke , Law Office of Mary Louise Boelcke, Albuquerque, NM, for Plaintiff.

Jeffrey L. Baker , Renni Zifferblatt , The Baker Law Firm, Albuquerque, NM, for Defendants City of Albuquerque, Albuquerque Aviation Police Department, and Marshall Katz, Robert F. Dilley, Landra Wiggins, and Julio De La Pena.

Kenneth J. Gonzales , United States Attorney, Manuel Lucero , Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, Edward J. Martin , United States Department of Justice, Washington, D.C., for Defendants Jonathon Breedon, Gerald Romero, and Anthony Schreiner.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the City of Albuquerque Defendants' Motion to Dismiss, filed Feb. 1, 2013 (Doc. 54)("City MTD"). The Court held a hearing on July 12, 2013. The primary issues are: (i) whether to apply law-of-the-case doctrine to dispose of the City MTD using the findings and conclusions of the Court's earlier Memorandum Opinion and Order, filed January...

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