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HERRING v. KEENAN

No. 99-1263.

218 F.3d 1171 (2000)

Sylvia HERRING as Personal Representative of the Estate of Frederick Herring, Plaintiff-Appellee, v. Kathleen KEENAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 10, 2000.

Attorney(s) appearing for the Case

Freddi Lipstein, Attorney, Appellate Staff (David W. Ogden, Acting Assistant Attorney General; Thomas L. Strickland, United States Attorney; Barbara L. Herwig, Attorney, Appellate Staff, Department of Justice, with her on the brief), Washington, D.C. for defendant-appellant.

Steven C. Choquette (A. Bruce Jones and Tiffany W. Smink of Holland & Hart LLP, Denver, Colorado; Jay S. Jester of Miller, Jester & Kearney, Denver, Colorado in association with the American Civil Liberties Union with him on the brief), for plaintiff-appellee.

Before SEYMOUR, ALARCÓN, and BALDOCK, Circuit Judges.

ALARCÓN, Circuit Judge.

Kathleen Keenan ("Keenan"), a federal probation officer, appeals from the order denying her motion to dismiss the claims filed against her by Frederick Herring ("Herring").1 Herring alleged in his complaint, filed pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), that Keenan violated his...

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