DOHAISH v. TOOLEY

No. 81-1607.

670 F.2d 934 (1982)

Abdullah DOHAISH, Plaintiff-Appellant, v. Dale TOOLEY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 16, 1982.


Attorney(s) appearing for the Case

R. J. Strong, Jr., Houston, Tex. (John E. Mosby, Denver, Colo., with him on the brief), for plaintiff-appellant.

Patricia M. Ayd, White & Steele, Denver, Colo., for defendant-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The appellant herein seeks reversal of a judgment of the District Court for the District of Colorado which dismissed an action which sought to compel the State District Attorney, Dale Tooley, to prosecute a man who allegedly killed appellant Dohaish's son. The district court dismissed the action against Tooley, finding that Dohaish lacked standing and secondly, that Tooley, as the prosecuting attorney in the case, was immune from suit...

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