Recent Articles

Kennedy & Oliver Prosecuting Class Action against Albuquerque over Cash Seizures

March 11, 2007 21:14

Kennedy & Oliver is happy to report that it is one step closer to a complete resolution of its class action against the City of Albuquerque related to the seizure and disposition of cash from citizens. Kennedy & Oliver is...

Al Unser Acquitted in Albuquerque' Metropolitan Court

December 19, 2006 18:24

Recently, race car legend, Al Unser, went to trial on charges of refusal to obey an officer and on charges of resisting arrest. I attended some of the trial in Metropolitan Court in Albuquerque. Al Unser's testimony was similar to...

Update and Sonderstand Comment

October 19, 2005 00:52

I’m afraid I have fallen behind in my case reviews. I will be giving a seminar here in Albuquerque in early December on police liability issues. Last year, that seminar was a good occasion for me to catch up on...

Kennedy & Oliver Obtain $3.2 Million Verdict for Survivor of Sexual Molestation

July 24, 2005 17:08

On Friday, July 22, 2005, a jury in the United States District Court for the District of New Mexico awarded L.S., a nine year old child, $1.2 million in compensatory damages and $2 million in punitive damages. On May 8...

State University Employee's Search of Safe Held Not Government Action

July 06, 2005 02:03

In a decision that has far-reaching consequences for school searches, the Tenth Circuit held that a state employee's search of a safe "out of curiosity" did not implicate Fourth Amendment concerns because the state employee did not intend to look...

Civil Rights Win for Teen Interrogated and Threatened by Social Worker

June 24, 2005 01:36

In a stunning reversal of the district court's entry of summary judgment for a social worker, the Tenth Circuit ruled that a teen's complaint alleging a two hour interrogation, laced with threats of arrest, in a school counselor's office was...

Albuquerque Police Misconduct Lawsuit Results in Jury Verdict

June 11, 2005 21:59

In a case tried in Santa Fe, a young man was awarded $100,000 after a jury found that the officer used excessive force in his detention. The jury found for the defendants on claims of false arrest and unreasonable detention...

Officer Safety Concerns Justified Warrantless Search of Truck

June 11, 2005 20:57

On January 23, 2003, at about 3:00 a.m., James Bryan (Macine Gun)Dennison was in his gold truck, with camper shell, hanging out with his pal, Keith Allen, in the parking lot of an apartment complex in Englewood, Colorado after having...

False Arrest Claim against the City of Albuquerque Dismissed

June 08, 2005 00:40

In Tanberg v. Sholtis, 03-2231 (March 16, 2005), the Tenth Circuit affirmed the mid-trial dismissal of false arrest claims against an Albuquerque police officer. The opinion is notable for its qualified immunity analysis and the relevance, if any, of police...

Warrantless Search of Toolbox Approved as Administrative Search of Junkyard

June 07, 2005 00:42

In a decision with layers of Fourth Amendment issues, the Tenth Circuit approved the warrantless search of a toolbox at a work station when police were on the premises of a junkyard conducting a search pursuant to a state “chop...