United States Tenth Circuit

In a 42 U.S.C. section 1983 action arising out of an encounter between plaintiff and police officers, summary judgment for defendants-city and officers is affirmed over claims that: 1) officers were not entitled to qualified immunity for using a twist lock to remove him from a vehicle; 2) there were genuine issues of material fact as to whether officers caused a federal prosecution and plaintiff's resulting incarceration; and 3) there was sufficient evidence to create a genuine issue of material fact as to the existence of an unconstitutional city policy.

Appellate Information

• Decided 07/05/2007
• Published 07/06/2007

Judges

• HENRY, Circuit Judge., Before TACHA, Chief Circuit Judge, McKAY, and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brice A. Tondre, Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Michael T. Lowe (with Marc F. Colin on the briefs), Bruno Bruno & Colin, Denver, Colorado, and Peter R. Morales, Aurora City Attorney's Office, Aurora, CO, for the Defendants-Appellees.