FLANAGAN v. MUNGER

No. 86-2076.

890 F.2d 1557 (1989)

William P. FLANAGAN, Victor B. Morris, and Donald M. Bjornsrud, Plaintiffs-Appellants, v. James MUNGER and City of Colorado Springs, Defendants-Appellees, American Civil Liberties Union of Colorado, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 8, 1989.


Attorney(s) appearing for the Case

Craig M. Cornish, Colorado Springs, Colorado, for Plaintiffs-appellants.

Gordon L. Vaughan of Hall & Evans, Colorado Springs, Colo., for defendants-appellees, Alan Epstein of Hall & Evans, Denver, Colo., with him on the brief for defendant-appellee James Munger.

Kathleen A. Carlson and Peter M. Susemihl of Susemihl, Lohman, Kent, Carlson & McDermott, P.C., Colorado Springs, Colo., on the brief for defendant-appellee City of Colorado Springs.

Robert L. Connelly, Jr. and Robert Douglas Clark of Isaacson, Rosenbaum, Spiegleman, Woods, Levy & Snow, P.C., Denver, Colo., on the brief for amicus curiae.

Before McKAY and BRORBY, Circuit Judges, and PARKER, District Judge.


McKAY, Circuit Judge.

When this lawsuit was filed, appellants were high-ranking police officers with the Colorado Springs Police Department.1 Officer William Flanagan had been with the department for twenty years, ten of those as a deputy police chief. Officer Donald Bjornsrud had been with the department for twenty-two years and was serving as the Administrative Lieutenant of the patrol bureau.

In the summer of 1985, the three...

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