United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging, inter alia, that defendants-deputies unlawfully seized plaintiffs and caused their unlawful arrest, false imprisonment, and prosecution in violation of the constitution, summary judgment for defendants is affirmed where: 1) the district court did not abuse its discretion in finding that plaintiffs were judicially estopped from pursuing their false arrest and baseless prosecution claims because of their plea and their plea hearing statements; and 2) the district court properly found that seizure, detention, and contact claims were barred by qualified immunity.

Appellate Information

• Decided 02/20/2008
• Published 02/21/2008

Judges

• PER CURIAM., Before HENRY, Chief Judge, SEYMOUR, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• D. Bruce Oliver, D. Bruce Oliver, L.L.C., Salt Lake City, UT, for Plaintiffs-Appellants.


• For Appellees:
  
• Linette B. Hutton, Winder & Haslam, P.C., Salt Lake City, UT, for Defendants-Appellees.