SMITH v. PLATI, 99-1375
Bare allegation that public official had person arrested without probable cause or in retaliation for exercising First Amendment rights is insufficient to state a claim for civil rights violation under 42 USC 1983.
- Decided 07/30/2001
- Published 07/30/2001
- EBEL, Circuit Judge., Before EBEL, McKAY and LUCERO, Circuit Judges.
- United States Tenth Circuit
- For Appellant:
- David A. Lane,Miller, Lane, Kilmer & Griesen, Denver, CO, (Theodore M. Smith, pro se, on the briefs), for Plaintiff-Appellant.
- For Appellees:
- Patrick T. O'Rourke, (Kevin J. Kuhn with him on the brief), of Montgomery, Little & McGrew, Englewood, CO, for Defendant-Appellee, David Plati in his individual capacity., David P. Temple, Assistant University Counsel, (Joanne M. McDevitt, Associate Vice President/Senior Associate University Counsel; and Michael W. Schreiner, Senior Assistant University Counsel, with him on the brief), Office of University Counsel, Denver, CO, for Defendants-Appellees, the Regents of the University of Colorado and David Plati in his official capacity.