United States Tenth Circuit

In a 42 U.S.C. section 1983 action arising from a Denver business license inspector's physically assault of plaintiffs, owners of a kennel business, summary judgment on plaintiffs' substantive due process claim is affirmed where, although defendant's conduct was plainly objectionable, the district court correctly found that his unprovoked assault did not rise to the level of a substantive due process violation.

Appellate Information

• Decided 03/18/2008
• Published 03/19/2008

Judges

• TYMKOVICH, Circuit Judge., Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Ross B.H. Buchanan, Buchanan, Jurdem & Cederberg, P.C., Denver, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• J. Andrew Nathan, Nathan, Bremer, Dumm & Myers, P.C. (Marni Nathan Kloster, Nathan, Bremer, Dumm & Myers, P.C., for Appellee Richard Berney, and Thomas G. Bigler, Assistant City Attorney, City Attorney's Office, for Appellee City and County of Denver, with him on the brief), Denver, CO, for Defendants-Appellees.