FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 12, 2018 Elisabeth A. Shumaker Clerk of Court WILLIAM M. TURNER, Plaintiff - Appellant, v. No. 17-2105 (D.C. No. 1:15-CV-00339 RB-SCY) MIDDLE RIO GRANDE (D. N.M.) CONSERVANCY DISTRICT; SUBHAS SHAH, Former Executive Director of the Middle Rio Grande Conservancy District (MRGCD) and former Chief Engineer and former Chairman of the New Mexico Board of Licensure for Professional Engineers and Professional Land Surveyors; DENNIS DOMRZALSKI, Former MRGCD Public Information Officer; JOHN DOES, Members or Former Members of the New Mexico Board of Licensure for Professional Engineers and land Surveyors; EDUARD YTUARTE, Former Executive Director, New Mexico Board of Licensure for Professional Engineers and Land Surveyors; JOHN T. ROMERO, Former Chair of the Engineering Committee, New Mexico Board of Licensure for Professional Engineers and Land Surveyors; JOHN DOES OF KOB CHANNEL 4 NEWS OF ALBUQUERQUE; KOB-TV; MARY SMITH, New Mexico Assistant Attorney General, Defendants - Appellees. ORDER AND JUDGMENT* Before LUCERO, HOLMES, and EID, Circuit Judges. Plaintiff-appellant Dr. William Turner sued various municipal and state officials and others for allegedly violating his constitutional rights in connection with proceedings against him for practicing engineering without a license. The district court dismissed Turner’s suit as untimely under New Mexico’s statute of limitations. We affirm. I. The Middle Rio Grande Conservancy District (“MRGCD” or the “District”) is a municipal corporation that manages water in the Albuquerque Basin. Turner, a hydrogeologist, was elected to a four-year term on the MRGCD Board of Directors (“MRGCD Board”). App. at 14.1 During a public meeting of the MRGCD Board in February 2006, Turner gave a presentation accusing certain board members of official malfeasance. Id. at 19. In particular, Turner alleged that the former Executive Director of the MRGCD Board, Subhas Shah,2 had authorized the deposit of rock rubble in ditch * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 1 Turner’s two-volume, consecutively paginated Appendix is cited as “App.” followed by the page number. 2 The district court’s Memorandum and Opinion and the MRGCD’s brief spell Subhas Shah’s name as we have here. That appears to be the correct spelling notwithstanding a variant spelling on the district court’s caption. 2 roads within the MRGCD. Id. Turner drew from mathematical formulas to argue that fortifying ditch roads with rock rubble impeded water flow and could lead to flooding in ditch levees. App. at 321. Turner’s presentation allegedly made clear that he was not an engineer and recommended that the Board consult a licensed engineer before taking corrective measures. Id. In April 2007, the District’s public information officer, Dennis Domrzalski, filed a complaint against Turner with the Board of Licensure for Professional Engineers (“BOL”). Id. at 20. Shah allegedly dictated the complaint and ordered Domrzalski to file it. ...
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