MILLIGAN-HITT v. BOARD OF TRUSTEES SHERIDAN COUNTY

Nos. 06-8086, 06-8087.

523 F.3d 1219 (2008)

Kathleen MILLIGAN-HITT and Kathryn R. Roberts, Plaintiffs-Appellees/Cross-Appellants, v. BOARD OF TRUSTEES OF SHERIDAN COUNTY SCHOOL DISTRICT NUMBER 2, Craig Dougherty, in his individual and official capacities as Superintendent, and Terry Burgess, in his official capacity as Assistant Superintendent, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

April 22, 2008.


Attorney(s) appearing for the Case

Michael K. Davis (Kendal R. Hoopes with him on the briefs), Yonkee & Toner, LLP., Sheridan, WY, for Defendants-Appellants Board of Trustees and Official-Capacity Defendants.

Jeremiah A. Collins, Bredhoff & Kaiser, P.L.L.C., Washington, D.C. (Joshua B. Schiffrin, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., Gregory P. Hacker, Patrick E. Hacker, and Erin Maureen Kendall, Cheyenne, WY, with him on the briefs), for Plaintiffs-Appellees/Cross-Appellants.

Kate M. Fox, Davis & Cannon, Cheyenne, WY, for Defendant-Cross-Appellee Craig Dougherty in his Individual Capacity.

Before TACHA, HARTZ and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

A Wyoming jury found that a school superintendent in Sheridan County had unconstitutionally discriminated against two administrators. The judge allowed the jury to award damages for the superintendent's conduct against the school district but not against the superintendent himself. Both the plaintiffs and the school district have appealed, requiring us to decide the scope of municipal liability and qualified immunity under 42 U.S.C. §...

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