United States Tenth Circuit

In a 42 U.S.C. section 1983 action arising out of an investigation by the sheriff's office and the Colorado Department of Human Services that resulted in plaintiff surrendering her license to run a daycare facility in Colorado, partial summary judgment based on qualified immunity to defendant-officials is affirmed in part where: 1) plaintiff voluntarily relinquished her license before any suspension proceedings could take place; and 2) defendants made a prima facie showing that they acted objectively reasonably when they sought suspension of plaintiff's daycare license. However, the order is reversed in part where plaintiff failed to allege and prove that the state officials lacked cause to seek suspension of her license.

Appellate Information

• Decided 03/08/2010
• Published 03/08/2010

Judges

• EBEL, Circuit Judge., Before BRISCOE, EBEL, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• A. Thomas Elliott, Jr. of A. Thomas Elliott, Jr., P.C., Denver, CO, for Plaintiff-Appellant in Case No. 07-1283.


• For Appellees:
  
• Robin Cochran, Assistant County Attorney (Kathryn L. Schroeder, Arapahoe County Attorney, Douglas Jewell and Sean T. Olson of Bruno, Colin, Jewell & Lowe, P.C., Denver, CO, with her on the briefs), Littleton, CO, for Defendant-Appellant in Case No. 07-1165., A. Thomas Elliott, Jr. of A. Thomas Elliott, Jr., P.C., Denver, CO, for Plaintiff-Appellee in Case No. 07-1165., Kathleen L. Spalding, Assistant Attorney General (John W. Suthers, Attorney General; Friedrick C. Haines, First Assistant Attorney General with him on the brief), Denver, CO, for Defendants-Appellees Terry L. Santi and Kathi Wagoner in Case No. 07-1283., Robin E. Cochran, Deputy County Attorney, Kathryn L. Schroeder, Arapahoe County Attorney, Littleton, CO, and Douglas Jewell and Sean T. Olson of Bruno, Colin, Jewell & Lowe, P.C., Denver, CO, filed a brief for Defendant-Appellee Jeffrey Himes in Case No. 07-1283.