The Tenth Circuit on Thursday issued one published opinion and eight unpublished opinions.
In Manzanares v. City of Albuquerque, the Court affirmed the district court’s decision. Petitioner brought suit against the police officer he claimed falsely arrested and imprisoned him. The district court initially entered judgment in favor of the officer and dismissed Petitioner’s suit against the City Respondent. However, on retrial, Petitioner was awarded compensatory and punitive damages in his federal civil rights suit against the officer. Under FRCP 60(b)(5) “a judgment can be set aside if it was ‘based on an earlier judgment that has been reversed.’” However, the district court appropriately denied Petitioner’s Rule 60(b)(5) motion, “stating that his claim was moot because ‘any potential recovery in this case would necessarily be duplicative’ of the damage award against [the officer].”