United States Tenth Circuit

In a 42 U.S.C. section 1983 action alleging that Defendant city councilors condemned Plaintiff's property in retaliation for his quiet-title action, the denial of summary judgment based on absolute immunity is reversed, where the legislators acted within their discretion under state law and were thus entitled to immunity.

Appellate Information

• Decided 04/24/2009
• Published 04/24/2009

Judges

• HARTZ, Circuit Judge., Before LUCERO, EBEL, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Robert S. Lafferrandre (Andrea D.W. Moates, with him on the brief), of Pierce, Couch Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, OK, for Defendants-Appellants., Rand C. Eddy (Sherri Carver, with him on the brief), of Eddy Law Firm, P.C., Oklahoma City, OK, for Plaintiff-Appellee.