United States Tenth Circuit

In a case involving the enforcement against a visual artist selling his own work of municipal ordinances forbidding any person, with certain exceptions, from selling goods or merchandise on the streets, in the parks, or on other city property, dismissal of claims against city and individual defendants is affirmed in part and reversed in part where: 1) the district court correctly held that individual defendants were entitled to qualified immunity because they did not violate a constitutional right that was clearly established at the time of their action; but 2) plaintiffs claims of municipal liability required a remand for further determination of the proper constitutional principles and determination of the facts, if necessary.

Appellate Information

• Decided 02/06/2009
• Published 02/09/2009

Judges

• McCONNELL, Circuit Judge., Before O'BRIEN, BRORBY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs.  Shaun L. Christensen, appearing pro se.


• For Appellees:
  
• Peter Stirba, Meb W. Anderson, Stirba & Associates, Salt Lake City, UT, for Defendants-Appellees.