HERRERA v. CITY OF ALBUQUERQUE

No. 09-2010.

589 F.3d 1064 (2009)

Desiree HERRERA, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE; Officer M.L. O'Brien, in her individual capacity; John Does I through V, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 14, 2009.


Attorney(s) appearing for the Case

David Meilleur, (Nancy L. Simmons, Law Offices of Nancy L. Simmons, P.C., Albuquerque, New Mexico, on the briefs), Albuquerque, NM, for Plaintiff-Appellant.

Erika E. Anderson of Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants-Appellees Officer M.L. O'Brien and City of Albuquerque.

Before BRISCOE, McKAY, and HARTZ, Circuit Judges.


BRISCOE, Circuit Judge.

Plaintiff Desiree Herrera appeals from the district court's grant of qualified immunity in favor of defendant Maureen O'Brien, and from the district court's entry of final judgment in favor of defendants on her claims pursuant to 42 U.S.C. § 1983. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

Factual background

On October 5, 2005, Albuquerque police officer Maureen O'Brien responded...

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