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BRUNING v. PIXLER

No. 90-1296.

949 F.2d 352 (1991)

James BRUNING, Plaintiff-Appellee, v. Reid C. PIXLER, Individually and in His Official Capacity as District Attorney for the Seventh Judicial District; Joseph S. Pacyga, Individually and in His Official Capacity as Deputy District Attorney for the Seventh Judicial District; District Attorney's Office for the State of Colorado's Seventh Judicial District, Floyd Johnson, Individually and in His Official Capacity as Chief of the Gunnison Police Department, City of Gunnison Police Department, James Robert Keehne, Russell Locke, Robert G. Ryan, Defendants, and Keith Robinson, J. Stewart Ferguson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 15, 1991.

Attorney(s) appearing for the Case

Daniel M. Reilly and Larry Pozner, Denver, Colo., for plaintiff-appellee.

Don D. Jacobson, Lohf, Shaiman & Ross, P.C., Denver, Colo., for defendants-appellants.

Before McKAY, Chief Judge, EBEL, Circuit Judge, and SAFFELS, District Judge.

EBEL, Circuit Judge.

Defendants Keith Robinson and J. Stewart Ferguson appeal the district court's order denying their Motion for Summary Judgment based on qualified immunity.1 Both Defendants are members of the Gunnison, Colorado Police Department (GPD), who contend that they are immune from liability for their alleged wrongful acts in obtaining an order for nontestimonial identification and an arrest warrant for Plaintiff. "We review...

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