United States Tenth Circuit

In an action against a city based on the alleged misconduct of a police officer, the district court's denial of plaintiff's Fed. R. Civ. P. 60(b)(5) motion to vacate a judgment solely against the officer, stating that his claim was moot because any potential recovery against the city would necessarily be duplicative of the damage award against defendant-officer, is affirmed where, if, as Lippoldt teaches, justice did not require allowing plaintiff to proceed with a claim of nominal damages against the City, then it was surely within the discretion of the district court not to vacate its prior judgment.

Appellate Information

• Decided 12/16/2010
• Published 12/16/2010

Judges

• Harris Hartz

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Dennis W. Montoya, Robert M. White