United States Tenth Circuit

The First Amendment applies to exercises of executive authority no less than it does to the passage of legislation. Partial denial of a police chief's motion for summary judgment on federal constitutional claims on qualified immunity grounds is affirmed in part as to denial of summary judgment on the freedom of association and free exercise claims, and is reversed in part as to denial of summary judgment on substantive due process claims where plaintiff had recourse to an explicit textual source of constitutional protection via his other claims.

Appellate Information

• Decided 06/09/2006
• Published 06/09/2006

Judges

• McCONNELL, Circuit Judge., Before BRISCOE, McWILLIAMS, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John Howard Lieber, James C. Hodges and Shannan Pinkham Passley of Eller & Detrich, P.C., Tulsa, OK, for Defendants-Appellants., James Patrick Hunt and Douglas D. Vernier of James R. Moore & Associates, P.C., Oklahoma City, OK, for Plaintiff-Appellee.