HILLIARD v. CITY AND COUNTY OF DENVER

No. 89-1316.

930 F.2d 1516 (1991)

Kathy HILLIARD, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER; Denver Police Department, Defendants, and Captain Michael O'Neill; Sergeant Anthony Iacovetta; Sergeant Mary Beth Klee; Officer Sherry Manning, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 24, 1991.


Attorney(s) appearing for the Case

Jeffrey N. Herren of Jeffrey N. Herren, P.C., Lakewood, Colo., for plaintiff-appellee.

Theodore S. Halaby (Robert M. Liechty with him, on the brief) of Halaby and McCrea, Denver, Colo., for defendants-appellants.

Before TACHA, EBEL, Circuit Judges, and JOHNSON, District Judge.


TACHA, Circuit Judge.

This case is an appeal by defendant police officers from the denial of their motion for summary judgment based on qualified immunity. Because we find that the existence of a constitutional right, allegedly infringed here by defendants' actions, was not clearly established at the time of the incident, we reverse.

The material facts of this case are not in dispute. Plaintiff was a passenger in an automobile driven by her male companion...

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