United States Tenth Circuit

In a 42 U.S.C. section 1983 action brought by a former inmate and his daughter against individuals and municipal entities responsible for his arrest, conviction, and incarceration, arising after DNA testing proved he did not commit the crimes, appeal from denial of defendants' motion for summary judgment is dismissed in part, affirmed in part, and reversed in part where: 1) the circuit court lacked jurisdiction on the appeals of claims for coercion, failure to investigate, fabrication of evidence, and malicious prosecution; 2) denial of qualified immunity as to plaintiffs' claim for loss of familial association required reversal as there was no evidence that any of the defendants directed their conduct at the familial relationship; and 3) qualified immunity shielded defendants as to supervisory and conspiracy claims premised on the loss of association claim.

Appellate Information

• Decided 04/14/2008
• Published 04/15/2008

Judges

• TACHA, Circuit Judge., Before O'CONNOR, Associate Justice (Ret.), HENRY, Chief Circuit Judge, and TACHA, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeffrey A. Bullins, Holbrook & Osborn, P.A., Overland Park, KS, appearing for Appellants.


• For Appellees:
  
• Nick Brustin, Cochran Neufeld & Scheck, LLP, New York, N.Y. (Barry A. Clark, Clark & Kellstrom, Chtd., Manhattan, Kansas;  Barry Scheck and Monica R. Shah, Cochran Neufeld & Scheck, LLP, New York, NY;  and Craig J. Altenhofen, Hornbaker, Altenhofen, McCulley & Alt, Chartered Lawyers, Junction City, KS, with him on the brief), appearing for Appellees.