Mata v. Anderson, No. 10-2031 (10th Cir. 2011)
Annotate this CaseThe plaintiff made allegations against a Farmington, New Mexico police officer concerning a 2002 arrest and, in 2004, filed civil rights claims in federal district court. In 2005, the officer responded by filing a criminal complaint, claiming libel, harassment, and stalking. A magistrate entered convictions, but the plaintiff was acquitted in the state district court in 2006. In 2005, before his acquittal, the plaintiff signed an agreement settling the federal suit for $75,000. The plaintiff later filed an amended complaint, adding claims relating to the 2005-2006 state criminal case. The district court dismissed. The Tenth Circuit affirmed. The First Amendment/retaliatory prosecution claim accrued when plaintiff learned of the charges against him, not when he was acquitted, and were time-barred. The officer did not engage in additional retaliatory conduct after filing the charges. The claim was also barred by the settlement agreement, which referred to all claims the plaintiff could "hereafter assert" against the city and all of its employees. Fourth Amendment malicious prosecution claims failed because the plaintiff was not "seized;" he was never arrested, but only subjected to travel restrictions.
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