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.
As the court wrote: "Danny Manzanares appeals the refusal of the district court to set aside a judgment dismissing his civil-rights claim against the City of Albuquerque. Mr. Manzanares's claim against the City was based on alleged misconduct by Albuquerque police officer Sean Higdon. The district court dismissed the claim after judgment was entered in favor of Higdon in a separate suit by Mr. Manzanares against Higdon."
- Read the Tenth Circuit's Decision in Manzanares v. City of Albuquerque, No. 10-2011