United States Tenth Circuit

In a section 1983 action alleging the use of excessive force to effectuate an arrest, judgment in favor of defendant is affirmed over plaintiff's challenge to the district's court's refusal to 1)allow his expert to testify, and 2)hold an evidentiary hearing to determine whether the jury was influenced by extraneous prejudicial information.

Appellate Information

• Decided 02/28/2005
• Published 02/28/2005

Judges

• HOLLOWAY, Circuit Judge., Before KELLY, HOLLOWAY and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Sam Bregman (Amy G. Archibeque with him on the brief), The Bregman Law Firm, P.C., Albuquerque, New Mexico, for Plaintiff-Appellant.


• For Appellees:
  
• Luis Robles (Christina Anaya with him on the brief) French & Associates, Albuquerque, New Mexico, for Defendant-Appellee Andrew Lehocky., Kathryn Levy, Deputy City Attorney, City of Albuquerque, Albuquerque, New Mexico, on the brief for Defendant-Appellee City of Albuquerque.