United States Tenth Circuit

Summary judgment against plaintiffs and denial of a motion for class certification, in a 42 U.S.C. section 1983 action brought against a city and police officers alleging gross improprieties from a police raid on a restaurant-factory-bakery, are affirmed where plaintiffs failed to "put forward any evidence in their favor" for purposes of overcoming a motion for summary judgment, and the denial of certification due to a lack of numerosity and commonality was not error.

Appellate Information

• Decided 07/27/2006
• Published 07/27/2006

Judges

• TYMKOVICH, Circuit Judge., Before KELLY, TYMKOVICH, Circuit Judges and EAGAN, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Dale F. Gardiner, Parry Anderson & Gardiner, Salt Lake City, UT, for Plaintiffs-Appellants/Cross-Appellees., Morris O. Haggerty, Senior City Attorney, Salt Lake City Attorney's Office, Salt Lake City, UT, for Defendants-Appellees/Cross-Appellants.