United States Tenth Circuit

In a civil rights action claiming that defendant-deputy signed a probable-cause affidavit that led to plaintiff's improper arrest for engaging in a fraudulent land sale, the denial of summary judgment based on qualified immunity is affirmed where: 1) the court lacked jurisdiction to consider defendant's argument that the district court erred in holding that there was sufficient evidence to support a finding of malice; and 2) the approvals of the district attorney and the judge did not absolve defendant of liability.

Appellate Information

• Decided 05/24/2010
• Published 05/24/2010

Judges

• HARTZ, Circuit Judge., Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the Briefs: Chris J. Collins and Timothy M. Melton, Collins, Zorn & Wagner, P.C., Oklahoma City, OK, for Defendant-Appellant., Jim Wilcoxen, Wilcoxen & Wilcoxen, Muskogee, OK, and Dennis N. Shook, Wagoner, OK, for Plaintiff-Appellee.