United States Tenth Circuit

In an action claiming that defendant-undersheriff failed to enforce plaintiff's protective orders because she is a lesbian victim of domestic violence, denial of qualified immunity for defendant on equal protection and Fourth Amendment claims is affirmed in part, and reversed in part where: 1) defendant was entitled to qualified immunity on the equal protection claim, to the extent that such claim was based upon defendant's refusal to enforce an emergency protective order; 2) he was not entitled to qualified immunity for the equal protection claim, to the extent that claim was based upon his refusal to enforce a permanent protective order; and 3) he was also not entitled to immunity on the Fourth Amendment claim.

Appellate Information

• Decided 05/02/2008
• Published 05/02/2008

Judges

• EBEL, Circuit Judge., Before LUCERO, EBEL and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David W. Lee (Ambre C. Gooch, with him on the briefs), of Comingdeer, Lee & Gooch, Oklahoma City, OK, for Defendant-Appellant Steve Brooks., Valerie Williford, of Oklahoma City, OK, for Plaintiff-Appellee Dana L. Price-Cornelison.