United States Tenth Circuit

In a discrimination action by plaintiff administrators against a school district, a decision to allow a jury to award damages for superintendent's conduct against the school district but not against the superintendent himself is: 1) reversed as to the claim against the county school district and the official-capacity defendants where superintendent was not the final policymaker of the district and therefore the district was not liable to pay for his wrongdoing pursuant to scope of municipal liability and qualified immunity under 42 U.S.C. section 1983; and 2) affirmed as to the claim against the superintendent in his individual capacity.

Appellate Information

• Decided 04/22/2008
• Published 04/23/2008

Judges

• McCONNELL, Circuit Judge., Before TACHA, HARTZ and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael K. Davis (Kendal R. Hoopes with him on the briefs), Yonkee & Toner, LLP., Sheridan, WY, for Defendants-Appellants Board of Trustees and Official-Capacity Defendants., Jeremiah A. Collins, Bredhoff & Kaiser, P.L.L.C., Washington, D.C. (Joshua B. Schiffrin, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., Gregory P. Hacker, Patrick E. Hacker, and Erin Maureen Kendall, Cheyenne, WY, with him on the briefs), for Plaintiffs-Appellees/Cross-Appellants., Kate M. Fox, Davis & Cannon, Cheyenne, WY, for Defendant-Cross-Appellee Craig Dougherty in his Individual Capacity.