United States Tenth Circuit

In a section 1983 action, defendants, a private non-profit corporation and its president, are not entitled to assert qualified immunity because they are non-governmental officials subject to the constraints of market forces.

Appellate Information

• Decided 06/30/2005
• Published 06/30/2005

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, HENRY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Teresa L. Sittenauer (J. Steven Pigg, on the briefs), Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, KS, appearing for Appellants.


• For Appellees:
  
• Dan Biles, Gates, Biles, Shields & Ryan, P.A., Overland Park, KS, appearing for Appellees.