United States Tenth Circuit

In a Bivens action alleging that defendants and others, acting under color of law and pursuant to White House policy, violated plaintiffs' First and Fourth Amendment rights by ejecting them from a public appearance by President Bush, an appeal from a denial of defendants' motions to dismiss based on qualified immunity is dismissed because the district court ruled only that the evidentiary record was insufficient to rule on the merits of defendants' motions.

Appellate Information

• Decided 11/20/2007
• Published 11/21/2007

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Sean R. Gallagher (and Dugan Bliss, Hogan & Hartson, L.L.P. (for Defendant-Appellant Michael Casper) and Brett R. Lilly and John S. Zakhem, Doyle, Zakhem, Suhre & Lilly, L.L.C., (for Defendant-Appellant Jay Bob Klinkerman), with him on the briefs), Denver, CO., Christopher A. Hansen (and Catherine Crump, American Civil Liberties Union, New York, NY, Martha M. Tierney and Jerremy M. Ramp, Kelly, Haglund, Garnsey, Kahn, L.L.C., Denver, CO, and Mark Silverstein, American Civil Liberties Union of Colorado, Denver, CO, on the brief), for Plaintiffs-Appellees.