United States Tenth Circuit

An award for plaintiff pursuant to a jury verdict in a 42 U.S.C. section 1983 case alleging that defendant-police officer sexually assaulted plaintiff is remanded for supplementing the record where the district court abused its discretion by failing to explain why certain prior sexual assault testimony was less prejudicial than probative.

Appellate Information

• Decided 04/12/2006
• Published 04/12/2006

Judges

• Before LUCERO, McKAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Paul J. Kennedy, (Mary Y.C. Han and Rosemary L. Bauman with him on the briefs), Kennedy & Han, P.C., Albuquerque, NM, for the Plaintiff-Appellee., Gregory Biehler of Albuquerque, NM, for the Defendant-Appellant.