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United States Tenth Circuit

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.

Appellate Information

  • 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.
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