United States Tenth Circuit

In state Department of Corrections officers' 42 U.S.C. section 1983 suit alleging defendants acted in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment by engaging in a policy of blacklisting employees who maintained administrative appeals of state personnel actions, dismissal of the claims is affirmed where the district court properly found that plaintiffs failed to allege the deprivation of a constitutionally protected property interest, and failed to overcome the presumption of government rationality applicable to cases of rational basis scrutiny.

Appellate Information

• Decided 12/28/2007
• Published 12/28/2007

Judges

• MURPHY, Circuit Judge., Before BRISCOE, SEYMOUR, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• William S. Finger, Frank & Finger, P.C., Evergreen, CO, for Appellants.


• For Appellees:
  
• Douglas J. Cox, Colorado Attorney General's Office, (David R. DeMuro and Lana L. Steven, Vaughan & DeMuro;  Cathy Havener Greer and William T. O'Connell, III, Wells Anderson & Race, LLC, with him on the brief), Denver, CO, for Appellees.