United States Tenth Circuit
Moore v. Bd. of County Comm'rs of the County of Leavenworth, 07-3053
In a suit brought by the parents of a volunteer fire fighter who was killed when his automobile was struck by one driven by defendant-deputy while both men were responding to an emergency call, summary judgment for defendants on a 42 U.S.C. section 1983 procedural due process claim is affirmed where: 1) even if plaintiff had constitutionally protected interests in his life and in defendant-county's compliance with a policy restricting the speed of emergency vehicles, decedent had no right to a predeprivation hearing to protect those interests; and 2) a state postdeprivation tort remedy is available to plaintiffs.
Appellate Information
- Decided 11/20/2007
- Published 11/21/2007
Judges
- HARTZ, Circuit Judge., Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Submitted on the briefs: Patrick J. Doran, L.C., Kansas City, MO, for Appellants.
- For Appellees:
- Michael K. Seck, Fisher, Patterson, Sayler & Smith, L.L.P., Overland Park, KS, and Teresa L. Watson, Fisher, Patterson, Saylor & Smith, L.L.P., Topeka, KS, for Defendants-Appellees Board of County Commissioners of the County of Leavenworth, Kansas, Donald Navinsky, Dean Oroke, Clyde Graeber, David Zoellner and Herb Nye., Michael C. Kirkham, Sanders Conkright & Warren, LLP, Overland Park, KS, for Defendant-Appellee Robert L. Peterman.