United States Tenth Circuit

Grant of motions to dismiss misdemeanor prosecutions for trespass and littering brought against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming is affirmed where the district court properly granted defendants immunity based on the Supremacy Clause, since the evidence supported a suspicion that the prosecution was not a bona fide effort to punish a violation of state law, but rather an attempt to hinder a locally unpopular federal program.

Appellate Information

• Decided 04/07/2006
• Published 04/07/2006

Judges

• McCONNELL, Circuit Judge., Before O'BRIEN, McCONNELL, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Bryan A. Skoric, Park County and Prosecuting Attorney, Cody, WY, for Plaintiff-Appellant State of Wyoming.


• For Appellees:
  
• Michael S. Messenger, Messenger & Jurovich, P.C., Thermopolis, WY, for Defendant-Appellee Livingston., Michael C. Johnson, Assistant United States Attorney (John W. Suthers, United States Attorney for the District of Colorado, with him on the brief), Denver, CO, for Defendant-Appellee Jimenez.