KEYLON v. CITY OF ALBUQUERQUE

No. 07-2071.

535 F.3d 1210 (2008)

Bertha KEYLON, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE; Martin Chavez, in his individual capacity as Mayor of the City of Albuquerque; Gil Gallegos, in his individual capacity as Chief of Police of the City of Albuquerque Police Department; Scott Barnard, City of Albuquerque Police Officer, Defendants-Appellees, and David Sedillo, Defendant.

United States Court of Appeals, Tenth Circuit.

August 5, 2008.


Attorney(s) appearing for the Case

Joseph P. Kennedy, Kennedy Law Firm, Albuquerque, NM, for Plaintiff-Appellant.

Kathryn C. Levy, Deputy City Attorney, City of Albuquerque, Albuquerque, NM, for Defendants-Appellees.

Before HENRY, Chief Judge, BALDOCK and TYMKOVICH, Circuit Judges.


HENRY, Chief Judge.

Bertha Keylon, brought suit against Officer Scott Barnard, under 42 U.S.C. § 1983, alleging that her Fourth Amendment rights were violated when she was arrested without probable cause for concealing her identity. After a jury found Officer Barnard not liable, Ms. Keylon submitted a post-trial motion including (1) a Rule 50(b) request for judgment as a matter of law; (2) an objection to the district...

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