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McBETH v. HIMES

Nos. 07-1165, 07-1283.

598 F.3d 708 (2010)

Karen McBETH, Plaintiff-Appellee, v. Jeffrey HIMES, individually and as an investigator and deputy sheriff of the Arapahoe County Sheriff's Office, Defendant-Appellant. Karen McBeth, Plaintiff-Appellant, v. Terry L. Santi, individually and in her capacity as a Department of Human Services Employee; Kathi Wagoner, individually and in her capacity as a Department of Human Services Employee; Jeffrey Himes, individually and as an investigator and deputy sheriff of the Arapahoe County Sheriff's Office, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 8, 2010.

Attorney(s) appearing for the Case

Robin Cochran, Assistant County Attorney (Kathryn L. Schroeder, Arapahoe County Attorney, Douglas Jewell and Sean T. Olson of Bruno, Colin, Jewell & Lowe, P.C., Denver, CO, with her on the briefs), Littleton, CO, for Defendant-Appellant in Case No. 07-1165.

A. Thomas Elliott, Jr. of A. Thomas Elliott, Jr., P.C., Denver, CO, for Plaintiff-Appellee in Case No. 07-1165.

A. Thomas Elliott, Jr. of A. Thomas Elliott, Jr., P.C., Denver, CO, for Plaintiff-Appellant in Case No. 07-1283.

Kathleen L. Spalding, Assistant Attorney General (John W. Suthers, Attorney General; Friedrick C. Haines, First Assistant Attorney General with him on the brief), Denver, CO, for Defendants-Appellees Terry L. Santi and Kathi Wagoner in Case No. 07-1283.

Robin E. Cochran, Deputy County Attorney, Kathryn L. Schroeder, Arapahoe County Attorney, Littleton, CO, and Douglas Jewell and Sean T. Olson of Bruno, Colin, Jewell & Lowe, P.C., Denver, CO, filed a brief for Defendant-Appellee Jeffrey Himes in Case No. 07-1283.

Before BRISCOE, EBEL, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

These consolidated appeals arise out of an investigation by the Arapahoe County Sheriff's Office and the Colorado Department of Human Services, Division of Child Care ("DHS") that resulted in Karen McBeth surrendering her license to run a daycare facility in Colorado. The district court granted summary judgment in favor of DHS employees Terry Santi and Kathi Wagoner on all counts on the ground of qualified immunity, and granted Detective Jeffrey...

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