Dr. Arturo Garcia Christa M. Garcia v. United States of America, a Sovereign Entity, Ernesto Ortiz, Special Agent for the Drug Enforcement Administration Desi Garcia, an Officer With the Albuquerque Police Department James Tierney, an Assistant United States Attorney Carla Gandara, an Officer With the Albuquerque Police Department Dan Luna, an Officer With the Albuquerque Police Department John Brenna, an Officer With the Albuquerque Police Department Ruben Garcia, an Officer With the Albuquerque Police Department Chris Pargas, an Officer With the Albuquerque Police Department John Lovato, an Officer With the Albuquerque Police Department
Docket: 94-2252
Court: Court of Appeals for the Tenth Circuit; October 29, 1995; Federal Appellate Court
Unpublished opinions may now be cited if they have persuasive value on a material issue and if a copy is attached to the citing document or provided during oral argument. In the case of Dr. Arturo Garcia and Christa Garcia against the United States and several Albuquerque Police Department officers, the plaintiffs appeal a district court judgment that dismissed their civil rights action for unlawful seizure and wrongful prosecution. The Tenth Circuit Court reviewed the case without oral argument and affirmed the district court's summary judgment in favor of the defendants. The plaintiffs alleged that their arrest and prosecution for conspiracy to distribute a controlled substance lacked probable cause, claiming that Special Agent Ortiz and Assistant U.S. Attorney Tierney were liable under Bivens for acting without probable cause. They also asserted that the Albuquerque Police officers misrepresented facts and failed to disclose exculpatory evidence, thus violating their rights under 42 U.S.C. § 1983. The district court found that there was probable cause for the plaintiffs' arrest and prosecution, a conclusion the Tenth Circuit agreed with, stating that the plaintiffs did not present sufficient evidence to raise a genuine issue of material fact regarding probable cause. Consequently, the court determined that the actions of the Albuquerque Police officers did not result in an unlawful arrest, affirming the dismissal of all claims. Plaintiffs can only argue that defendants failed to adequately recognize or develop evidence of their factual innocence after probable cause for arrest was established. However, case law indicates that this complaint does not constitute a valid constitutional claim. Plaintiffs' assertion of inadequate discovery prior to the district court's summary judgment is deemed meritless, as they did not properly preserve this issue per Fed. R. Civ. P. 56(f), thus waiving it. The decision of the United States District Court for the District of New Mexico is affirmed. Additionally, to circumvent issues of absolute immunity, plaintiffs sought only declaratory relief regarding alleged misconduct by AUSA Tierney. The defendant United States of America was dismissed from the case, and this dismissal has not been contested on appeal. The order and judgment issued are not binding precedent except under specific legal doctrines.