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WILLIAMS v. BERNEY

No. 06-1177.

519 F.3d 1216 (2008)

Reed WILLIAMS, individually and as co-assignee of The Golden Bone, LLC, a dissolved Colorado limited liability company, and Marcy Albin, individually and as co-assignee of The Golden Bone, LLC, a dissolved Colorado limited liability company, Plaintiffs-Appellants, v. Richard L. BERNEY, in his individual capacity, and City and County of Denver, a government entity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 18, 2008.

Attorney(s) appearing for the Case

Ross B.H. Buchanan, Buchanan, Jurdem & Cederberg, P.C., Denver, CO, for Plaintiffs-Appellants.

J. Andrew Nathan, Nathan, Bremer, Dumm & Myers, P.C. (Marni Nathan Kloster, Nathan, Bremer, Dumm & Myers, P.C., for Appellee Richard Berney, and Thomas G. Bigler, Assistant City Attorney, City Attorney's Office, for Appellee City and County of Denver, with him on the brief), Denver, CO, for Defendants-Appellees.

Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

While delivering a licensing notice to a kennel business, Denver business license inspector Richard Berney physically assaulted Reed Williams and Marcy Albin, co-owners of the business. Williams and Albin sued Berney and his employer, the City and County of Denver, alleging the assaults violated their procedural and substantive due process rights under 42 U.S.C. § 1983. They also alleged state law battery and extreme and outrageous conduct...

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