United States Tenth Circuit

In a suit claiming that defendant-officer forged an arrest warrant and illegally imprisoned plaintiff in New Mexico for three months, dismissal of the suit as untimely is vacated and remanded for reconsideration in light of Wallace v. Kato, 127 S. Ct. 1091 (2007), and other Supreme Court precedent where, contrary to the ruling below, plaintiff's constitutional claims did not necessarily accrue sometime before he was released from jail and further proceedings were warranted.

Appellate Information

• Decided 03/10/2008
• Published 03/11/2008

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, BALDOCK, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Luis Robles, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants-Appellees.