MAESTAS v. CITY OF ALBUQUERQUE, 15-0053 MCA/KK. (2016)
Court: District Court, D. New Mexico
Number: infdco20160112c48
Visitors: 13
Filed: Jan. 11, 2016
Latest Update: Jan. 11, 2016
Summary: MEMORANDUM OPINION AND ORDER M. CHRISTINA ARMIJO , Chief District Judge . This case is before the Court upon Defendant City of Albuquerque's Motion for Summary Judgment [Doc. 60]. The Court has considered the motion, Plaintiff's response, the record in this case, and the applicable law, and is otherwise fully advised. On September 30, 2015, the Court entered orders dismissing Plaintiff's federal claims against Defendants James Eichel and Arturo Sanchez. Under established Tenth Circuit p
Summary: MEMORANDUM OPINION AND ORDER M. CHRISTINA ARMIJO , Chief District Judge . This case is before the Court upon Defendant City of Albuquerque's Motion for Summary Judgment [Doc. 60]. The Court has considered the motion, Plaintiff's response, the record in this case, and the applicable law, and is otherwise fully advised. On September 30, 2015, the Court entered orders dismissing Plaintiff's federal claims against Defendants James Eichel and Arturo Sanchez. Under established Tenth Circuit pr..
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MEMORANDUM OPINION AND ORDER
M. CHRISTINA ARMIJO, Chief District Judge.
This case is before the Court upon Defendant City of Albuquerque's Motion for Summary Judgment [Doc. 60]. The Court has considered the motion, Plaintiff's response, the record in this case, and the applicable law, and is otherwise fully advised.
On September 30, 2015, the Court entered orders dismissing Plaintiff's federal claims against Defendants James Eichel and Arturo Sanchez. Under established Tenth Circuit precedent, the dismissal of Plaintiff's claims against the individual defendants precludes Plaintiff from establishing a constitutional municipal liability claim against their employer, the City of Albuquerque. Trigalet v. City of Tulsa, 239 F.3d 1150 (10th Cir. 2001). With commendable candor, Plaintiff concedes that "[t]he Court's dismissal of the constitutional claims against Lieutenant Sanchez and Officer Eichel obviates any possibility that the City, as municipal Defendant, is subject to liability for failure to supervise based on 42 U.S.C. [§]1983." [Doc. 64 at 2 (citation omitted)]. Given the current state of the law, the Court is constrained to accept Plaintiff's concession and to grant Defendant's motion.
WHEREFORE, IT HEREBY IS ORDERED that Defendant City of Albuquerque's Motion for Summary Judgment [Doc. 60] is granted as to Plaintiff's Monell municipal liability claims.
So ordered
Source: Leagle
