United States Tenth Circuit

Summary judgment rejecting plaintiff's claims under 42 U.S.C. section 1983 that he was denied substantive and procedural due process when his restaurant was temporarily shut down for alleged health code violations is affirmed where plaintiff's procedural due process rights were not violated, an inspector's conduct did not shock the conscience, and there was no constitutional violation for purposes of municipal liability.

Appellate Information

• Decided 06/01/2006
• Published 06/01/2006

Judges

• HARTZ, Circuit Judge., Before LUCERO, BALDOCK, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David M. Berlin, Duhigg, Cronin, Spring & Berlin, P.A., and Melissa Stephenson, New Mexico Victim'sRights Project, Albuquerque, NM, for the Plaintiff-Appellant.


• For Appellees:
  
• Randy M. Autio, Assistant City Attorney (Peter S. Augh, Assistant City Attorney, with him on the brief), Albuquerque, NM, for the Defendants-Appellants, The City of Albuquerque and The Albuquerque Environmental Health Department., Patrick D. Allen (April D. White, with him on the brief), Yenson, Lynn, Allen & Wosick, P.C., Albuquerque, NM, for the Defendant-Appellee, Guy Worthington.