United States Tenth Circuit

In a suit alleging constitutional violations under 42 U.S.C. section 1983 and state libel claims after an abandoned disciplinary action against a physician, summary judgment for defendants is affirmed on plaintiff's Fourth and Fourteenth Amendment malicious prosecution claims, but reversed where there was a genuine issue of material fact as to whether a non-immune defendant influenced the decision to prosecute plaintiff in retaliation for protected speech, and where plaintiff showed sufficient evidence of malice to survive summary judgment on her libel claims.

Appellate Information

• Decided 07/20/2007
• Published 07/20/2007

Judges

Court

• United States Tenth Circuit

Counsel