Moya v. Schollenbarger, 04-2319
Dismissal "without prejudice" of plaintiff's civil rights claim alleging a hostile work environment and retaliation by officials of a state fair is affirmed where the order was a final decision such that appellate jurisdiction was proper, and, although the district court mistakenly applied a heightened pleading standard in evaluating the propriety of dismissal, dismissal was also proper under the correct standard.
- Decided 09/27/2006
- Published 09/27/2006
EBEL, Circuit Judge., Before MURPHY, EBEL, and McCONNELL, Circuit Judges.
United States Tenth Circuit
Dennis W. Montoya, Montoya Law, Inc., Rio Rancho, NM, for Plaintiff-Appellant.
Daniel Joseph Macke, (Elizabeth L. German with him on the brief), Brown & German, Albuquerque, NM, for Defendants-Appellees.