United States Tenth Circuit

Order of dismissal with prejudice of a prosecution of defendants for assault on a fellow inmate is reversed where a discovery order issued by the district court regarding defendants' claims of selective prosecution was erroneous.

Appellate Information

• Decided 12/14/2005
• Published 12/14/2005

Judges

• HARTZ, Circuit Judge., Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James C. Murphy, Assistant United States Attorney (William J. Leone, United States Attorney, and Joshua G. Stein, Assistant United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• David C. Japha, The Law Offices of David C. Japha, P.C., Denver, CO (James A. Castle, Denver, CO, Randy S. Reisch, Reisch Law Firm, LLC, Denver, CO, and Michael J. Norton, Burns, Figa & Will, P.C., Englewood, CO, with him on the brief) for Defendants-Appellees.