NELSON v. CITY OF ALBUQUERQUE

No. 17-2199.

921 F.3d 925 (2019)

Tony NELSON, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, a political subdivision of the State of New Mexico; R.T. Johnston, an Officer of the Albuquerque Police Department, individually; D. Hughs, an Officer of the Albuquerque Police Department, individually; A. Limon, an Officer of the Albuquerque Police Department, individually; S. Weimerskirch, an Officer of the Albuquerque Police Department, individually, Defendants-Appellees, and Board of County Commissioners of the County of Bernalillo, a political subdivision of the State of New Mexico; John and Jane Does, Officers of the Albuquerque Police Department, individually; Derrick Wulff, Detective of the Albuquerque Police Department, in his individual capacity as a state actor of the City of Albuquerque; J. Sather, Sergeant of the Albuquerque Police Department, in his individual capacity as a state actor of the City of Albuquerque, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed April 16, 2019.


Attorney(s) appearing for the Case

Ryan J. Villa , The Law Office of Ryan J. Villa, Albuquerque, New Mexico, for the Plaintiff-Appellant.

David A. Roman , Robles, Rael & Anaya, P.C., Albuquerque, New Mexico, for the Defendants-Appellees.

Before BRISCOE, MATHESON, and BACHARACH, Circuit Judges.


This appeal grew out of a dilemma for the district court: How was it to resolve the tension between the desire to correct what it saw as a prior error and constraints on the court's power to rule on repetitive motions? The dilemma arose from a second motion to alter or amend a civil judgment under Federal Rule of Civil...

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