ANTHONY v. BAKER

No. 90-1099.

955 F.2d 1395 (1992)

Robert Carl ANTHONY, Plaintiff-Appellee, v. Daniel G. BAKER, individually and as Deputy Sheriff of the County of El Paso, Colorado, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 5, 1992.


Attorney(s) appearing for the Case

Phillip A. Vaglica (Kathleen A. Carlson, of Susemihl, Lohman, Kent, Carlson & McDermott, P.C., Colorado Springs, with him on the briefs), Colorado Springs, for defendant-appellant.

Elvin L. Gentry (Owen Nitz, of Nitz, Walton & Hammer, Las Vegas, Nev., with him on the brief), of Elvin L. Gentry, P.C., Colorado Springs, for plaintiff-appellee.

Before HOLLOWAY, ANDERSON and TACHA, Circuit Judges.


TACHA, Circuit Judge.

Defendant-appellant Daniel Baker appeals from an interlocutory order of the district court denying his motion to dismiss and motion for partial summary judgment. On appeal, Baker contends (1) that the district court incorrectly applied the "law of the case" doctrine and (2) that he is entitled to absolute immunity from civil liability for testimony he provided to the grand jury of El Paso County, Colorado and to the state trial judge in a preliminary...

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