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VALDEZ v. MacDONALD

Nos. 21-1401 & 21-1415 No. 22-1152.

66 F.4th 796 (2023)

Michael VALDEZ, Plaintiff-Appellee/Cross-Appellant, v. John MacDONALD, Denver Police Officer, in his individual capacity; City and County of Denver, a municipality, Defendants-Appellants/Cross-Appellees. Michael Valdez, Plaintiff-Appellee, v. Robert Motyka, Jr., Denver Police Officer, in his individual capacity; City and County of Denver, a municipality, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED April 24, 2023.

Attorney(s) appearing for the Case

Katherine Field ( Wendy J. Shea , Geoffrey C. Klingsporn , and Jennifer M. Johnson , Assistant City Attorneys on the briefs), Denver, Colorado, for Appellant/Cross-Appellee City and County of Denver.

Adam Mueller ( Jeffrey S. Pagliuca and Ty Gee with him on the briefs) Haddon, Morgan and Foreman, P.C., Denver, Colorado, for Appellee/Cross-Appellant Michael Valdez.

Clayton Jeffrey Ankney ( Wendy J. Shea , Geoffrey C. Klingsporn , and Jennifer M. Johnson , Assistant City Attorneys on the briefs), Denver, Colorado, for Appellants Robert Motyka, Jr. and City and County of Denver.

Jeffrey Pagliuca ( Meredith O'Harris , Ty Gee , and Adam Mueller with him on the briefs), Haddon, Morgan and Foreman, P.C., Denver, Colorado, for Appellee Michael Valdez.

Before HARTZ, EBEL, and MATHESON, Circuit Judges.

In 2013, Sergeant Robert Motyka, a Denver police officer, shot Michael Valdez, who was lying unarmed on the ground and surrendering.

In the ensuing lawsuit brought under 42 U.S.C. § 1983, a jury awarded Mr. Valdez $131,000 from Sergeant Motyka for excessive force in violation of the Fourth Amendment

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