Denial of Motion to Vacate Judgment Against Police Officer Affirmed
In Manzanares v. City of Albuquerque, No. 10-2011, an action against a city based on the alleged misconduct of a police officer, the court affirmed 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, 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.
Related Resources
- Read the Tenth Circuit’s Decision in Manzanares v. City of Albuquerque, No. 10-2011
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