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GARCIA-MARTINEZ v. CITY AND COUNTY OF DENVER

No. 03-1069.

392 F.3d 1187 (2004)

Aguedo Merbin GARCIA-MARTINEZ, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, Denver Police Department, Tom Sanchez, in his official capacity, Covey Hall, in his official and personal capacity, Abelino Gutierrez, in his official and personal capacity, Jaime Castro, in his official and personal capacity, Joshua Nutter, in his official and personal capacity, and Christian Blessing, in his official and personal capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 21, 2004.

Attorney(s) appearing for the Case

Eugene G. Iredale, San Diego, California, for Plaintiff-Appellant.

Thomas S. Rice (Seth A. Rider with him on the brief), Senter Goldfarb & Rice, L.L.C., Denver, Colorado, for Defendants-Appellees Covey Hall and Christain Blessing.

Jonathan A. Cross, Cross, Sands & Sares, Denver, Colorado, filed a brief for Defendant-Appellee Abelino Gutierrez.

Before LUCERO, Circuit Judge, BALDOCK, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

TYMKOVICH, Circuit Judge.

Aguedo Merbin Garcia-Martinez brought a civil rights action under 42 U.S.C. § 1983 (2000), alleging that Denver police officers used excessive force in arresting him following a high-speed chase through the streets of Denver in August 1999. Garcia-Martinez, a Honduran who had been in this country illegally, returned to Honduras prior to trial. Fearing arrest if he returned, Garcia-Martinez failed to appear at trial, and, instead, sought...

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