Niederstadt v. Town of Carrizozo

OPINION

FRY, Judge.

{1} Plaintiff filed suit in federal court against the Town of Carrizozo’s employee, police officer Johnny Rivera, in his individual capacity, for violation of Plaintiffs constitutional rights and for other torts. When Rivera asked the Town of Carrizozo (the Town) to provide a defense for him, the Town refused, and Rivera mounted a pro se defense. Plaintiff and Rivera ultimately settled the federal case such that Rivera agreed to having judgment entered against him in favor of Plaintiff in the amount of $60,000, and Rivera assigned to Plaintiff all of his claims against the…