SCHUTZ v. THORNE

No. 03-8051.

415 F.3d 1128 (2005)

Donald J. SCHUTZ, Plaintiff-Appellant, v. Tom THORNE, Wyoming Game & Fish Director, in his official capacity; State of Wyoming; J. Michael Powers, Wyoming Game & Fish Commissioner, for District # 1, in his official capacity; Linda Fleming, Wyoming Game & Fish Commissioner, for District # 2, in her official capacity; Doyle Dorner, Wyoming Game & Fish commissioner, for District # 3, in his official capacity as commission vice president; Jerry Sanders, Wyoming Game & Fish Commissioner, for District # 4, in his official capacity; Gary Lundvall, Wyoming Game & Fish Commissioner, for District # 5, in his official capacity as commission president; Kerry Powers, Wyoming Game & Fish Commissioner, for District # 6, in his official capacity; M. Hale Kreycik, Wyoming Game & Fish Commissioner, for District # 7, in his official capacity, Defendants-Appellees. U.S. Outfitters, Inc., Jean Taulman, Lawrence Montoya, Filiberto Valerio, International Association of Fish and Wildlife Agencies, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

July 11, 2005.


Attorney(s) appearing for the Case

Donald J. Schutz, Saint Petersburg, FL, for Plaintiff-Appellant.

Jay A. Jerde, Senior Assistant Attorney General (with Patrick J. Crank, Attorney General, and Jennifer A. Golden, Deputy Attorney General, on the brief), Office of the Wyoming Attorney General, Cheyenne, WY, for Defendants-Appellees.

James R. Scarantino, Albuquerque, NM for Amici Curiae U.S. Outfitters, Inc., Jean Taulman, Lawrence Montoya, and Filiberto Valerio.

Paul A. Lenzini filed an amicus brief for International Association of Fish and Wildlife Agencies.

Before TYMKOVICH, McWILLIAMS, and PORFILIO, Circuit Judges.


TYMKOVICH, Circuit Judge.

The question in this case is whether three Wyoming statutes unconstitutionally limit equal access to hunting opportunities for nonresidents. Donald Schutz, a Florida resident, brings this 42 U.S.C. § 1983 suit against the state of Wyoming and various state officials representing the game and fish commission (together "Wyoming") for allegedly violating his constitutional rights. Relying on the Equal Protection Clause of the Fourteenth...

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