United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging that plaintiff's Fourth Amendment rights were violated when she was arrested without probable cause for concealing her identity, denial of post-trial motion by plaintiff after a jury found defendant-officer not liable is reversed where, since there were no disputed issues of material fact regarding whether the officer had probable cause to arrest, the district court erred in denying plaintiff judgment as a matter of law and in submitting the question of qualified immunity to the jury.

Appellate Information

• Decided 08/05/2008
• Published 08/06/2008

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, BALDOCK and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Joseph P. Kennedy, Kennedy Law Firm, Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Kathryn C. Levy, Deputy City Attorney, City of Albuquerque, Albuquerque, NM, for Defendants-Appellees.