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FRY v. MELARAGNO

No. 90-15665.

939 F.2d 832 (1991)

Phillip FRY, Susan Fry, Plaintiffs-Appellees, v. Olin MELARAGNO, David W. Otto, Mark Barnes, Mark Pendery, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1991.

Attorney(s) appearing for the Case

Joan I. Oppenheimer, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Larrie A. Carmichael, Hurricane, Utah, for plaintiffs-appellees.

Phillip Fry and Susan Fry, pro se.

Before ALARCON and RYMER, Circuit Judges, and McDONALD, District Judge.

RYMER, Circuit Judge:

Phillip and Susan Fry brought this action against various officials of the Internal Revenue Service (IRS), a Special Assistant United States Attorney and other persons who were not federal officials, alleging violations of constitutional rights. Three IRS attorneys and one IRS revenue agent now appeal from the district court's denial of their claim of qualified immunity. We reverse and remand with instructions...

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