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Cordova v. City of Albuquerque, —F.3d—, 2016 WL 873347 (10th Cir. Mar. 8, 2016)

Mar 8, 2016

Plaintiff pursued § 1983 claims for malicious prosecution, excessive force, and interference with the right of familial association. Discussing the malicious prosecution claim, the Tenth Circuit held dismissal of an underlying case on speedy trial grounds after five years of delay was not a favorable termination sufficient to support a claim for malicious prosecution, where the circumstances surrounding dismissal were not indicative of the party’s innocence. Separately, the Tenth Circuit affirmed summary judgment on the familial association claim, holding that no constitutional violation occurred, where officers imposed a blanket restriction on visitors, and plaintiff failed to present sufficient evidence that officers intended to interfere with a protected relationship.