PARK COUNTY v. COONEY

No. 91-182.

845 P.2d 346 (1992)

PARK COUNTY, Wyoming, Chris J. White, and Robert Mayor, Appellants (Defendants), v. Thomas Russell COONEY and Lora John Cooney, Appellees (Plaintiffs).

Supreme Court of Wyoming.

December 2, 1992.


Attorney(s) appearing for the Case

Edward G. Luhm of Scott, Shelledy, and Luhm, Worland, for appellant Robert Mayor.

L.B. Cozzens of Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., for appellees.

Before MACY, C.J., and THOMAS, CARDINE, URBIGKIT and GOLDEN, JJ.


CARDINE, Justice.

The issue in this case is whether a probation officer who knowingly prepares a perjured petition for revocation of probation is entitled to immunity in an action under 42 U.S.C. § 1983 arising from the probationer's subsequent arrest and incarceration. The probation officer, Robert Mayor (Mayor), appeals the trial court's order denying his motion to dismiss appellees' amended § 1983 complaint against him.

We affirm.

Appellant...

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