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Burke v. Regalado, — F.3d —, 2019 WL 3938633 (10th Cir. Aug. 20, 2019)

Aug 20, 2019

Defendants appealed a multi-million dollar verdict based on violations of 42 U.S.C. § 1983.  The court reversed and remanded for a determination of the appropriate setoff based on settlement amount paid by a former co-defendant.  In doing so, the court held that the district court abused its discretion when it (a) denied the defendants’ setoff request without knowing the terms of the settlement and (b) denied the defendant’s request for discovery of a settlement agreement with a co-defendant necessary to resolving the setoff issue.