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WYOMING v. LIVINGSTON

Nos. 04-8085, 04-8087.

443 F.3d 1211 (2006)

State of WYOMING, Plaintiff-Appellant, v. Wesley O. LIVINGSTON, Defendant-Appellee. State of Wyoming, Plaintiff-Appellant, v. Michael David Jimenez, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 6, 2006.

Attorney(s) appearing for the Case

Bryan A. Skoric, Park County and Prosecuting Attorney, Cody, WY, for Plaintiff-Appellant State of Wyoming.

Michael S. Messenger, Messenger & Jurovich, P.C., Thermopolis, WY, for Defendant-Appellee Livingston.

Michael C. Johnson, Assistant United States Attorney (John W. Suthers, United States Attorney for the District of Colorado, with him on the brief), Denver, CO, for Defendant-Appellee Jimenez.

Before O'BRIEN, McCONNELL, and ANDERSON, Circuit Judges.

McCONNELL, Circuit Judge.

This case involves a seldom-litigated corner of the constitutional law of federalism known as Supremacy Clause immunity. Supremacy Clause immunity governs the extent to which states may impose civil or criminal liability on federal officials for alleged violations of state law committed in the course of their federal duties. These disputes permit of no easy answers, because while state criminal law provides an important check against abuse...

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