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VALDEZ v. CITY AND COUNTY OF DENVER

Nos. 86-2719, 86-2771.

878 F.2d 1285 (1989)

Robert VALDEZ, Plaintiff-Appellee and Cross-Appellant, v. CITY AND COUNTY OF DENVER, a municipal corporation, J.D. MacFarlane, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver, and Captain Herrera, Defendants-Appellants, and Joyce Neville, Director of the Department of Health & Hospitals, City and County of Denver, Seymour Sundell, Staff Medicine Coordinator, Denver General Hospital, and J. Smith, Defendants-Cross-Appellees, and John Does 1-3, Defendants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 16, 1989.

Attorney(s) appearing for the Case

Peter H. Ney, Littleton, Colo., for plaintiff-appellee and cross-appellant.

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

Before LOGAN, SEYMOUR and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

In this case, we hold that an official charged with the duty of executing a facially valid court order enjoys absolute immunity from liability for damages in a suit challenging conduct prescribed by that order.

I.

Plaintiff-appellee, Robert Valdez (Valdez), instituted this action for damages pursuant to 42 U.S.C. § 1983 against the City and County of Denver, and various law enforcement officials and medical personnel...

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