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MAESTAS v. LUJAN

Nos. 01-1464, 01-1489.

351 F.3d 1001 (2003)

Cynthia D. MAESTAS, Plaintiff-Appellant/Cross-Appellee. v. Nestor LUJAN, Defendant-Appellee/Cross-Appellant, and State of Colorado, Department of Revenue, Defendant.

United States Court of Appeals, Tenth Circuit.

November 26, 2003.

Attorney(s) appearing for the Case

Patricia S. Bangert, Powers Phillips, P.C., Denver, CO, appearing for Plaintiff-Appellant/Cross-Appellee.

Alan Epstein, Hall & Evans, L.L.C., Denver, (Joyce L. Jenkins, Hall & Evans, L.L.C., and George S. Meyer, Esq., Special Assistant Attorney General, Office of the Attorney General, Denver, CO, with him on the brief), appearing for Defendant-Appellee/Cross-Appellant.

Before TACHA, Chief Circuit Judge, ANDERSON, and BRISCOE, Circuit Judges.

TACHA, Chief Circuit Judge.

In the district court, Plaintiff-Appellant Cynthia Maestas brought Title VII, § 1983, and outrageous-conduct tort claims alleging sexual harassment. On appeal, Ms. Maestas argues that: (1) the district court improperly sent Defendant-Appellee Nestor Lujan's affirmative defense of qualified immunity to the jury, (2) the district court erred in the substance of its qualified immunity jury instruction, and (3) the district court erred...

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