United States Tenth Circuit

In a Bivens action based on the exclusion of plaintiffs, by volunteers acting under government supervision, from a speech by then-President Bush, dismissal of the complaint based on qualified immunity is affirmed where plaintiffs failed to identify any First Amendment doctrine that prohibited the government from excluding them from an official speech on private property.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• KELLY, Circuit Judge., Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Christopher Hansen (and Catherine Crump of American Civil Liberties Union, New York, NY; Mark Silverstein of American Civil Liberties Union of Colorado, Denver, CO; Martha M. Tierney and Jerremy M. Ramp of Kelly, Haglund, Garnsey & Kahn, L.L.C, In cooperation with the ACLU Foundation of Colorado, Denver, CO, on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• Sean Gallagher (and Dugan Bliss of Hogan & Hartson, L.L.P., with him on the brief), Denver, CO, for Appellee, Casper., Brett Lilly of Brett R. Lilly, L.L.C., Wheat Ridge, CO, (John S. Zakhem and Matthew Cassady of Zakhem & Atherton, L.L.C., Denver, CO, on the brief), for Appellee, Klinkerman.