Cordova v. City of Albuquerque, No. 14-2083 (10th Cir. 2016)Annotate this Case
Three Albuquerque Police Department officers shot plaintiff-appellant Stephan Cordova after he raised a gun in their direction. Cordova survived and was charged with assault, although the charges were later dismissed on speedy trial grounds. Cordova then brought this action under 42 U.S.C. 1983, claiming primarily: (1) that the charges of assault were brought in bad faith; (2) that the police unreasonably prevented interaction with his family when he was in a hospital recovering from his wounds; and (3) the police used excessive force by firing on him without an adequate warning. The district court allowed only the Fourth Amendment excessive-force claims to go to trial, where a jury returned a verdict for the officers. The Tenth Circuit found no error in the district court’s conclusions.