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HOWARDS v. McLAUGHLIN

Nos. 09-1201, 09-1202.

634 F.3d 1131 (2011)

Steven HOWARDS, Plaintiff-Appellee, v. Daniel McLAUGHLIN, in his individual and official capacity; Adam Daniels, in his individual and official capacity, Defendants-Appellants, Virgil D. "Gus" Reichle, Jr., in his individual and official capacity; Dan Doyle, in his individual and official capacity, Defendants. United States of America, Amicus Curiae. Steven Howards, Plaintiff-Appellee, v. Virgil D. "Gus" Reichle, Jr., in his individual and official capacity; Dan Doyle, in his individual and official capacity, Defendants-Appellants, Daniel McLaughlin, in his individual and official capacity; Adam Daniels, in his individual and official capacity, Defendants. United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 14, 2011.

Attorney(s) appearing for the Case

Sean R. Gallagher ( Dugan Bliss with him on the briefs) of Hogan & Hartson LLP, Denver, CO, for Defendants Reichle and Doyle.

Richard Westfall ( Aaron Solomon with him on the briefs) of Hale Friesen, LLP, Denver, CO, for Defendants Daniels and McLaughlin.

David A. Lane ( Althea S. Licht with him on the brief), of Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiff.

Tony West , Assistant Attorney General, Washington, D.C.; David M. Gaouette , Acting United States Attorney, District of Colorado, Denver, CO; and Barbara L. Herwig and Teal Luthy Miller , Attorneys, Appellate Staff, Civil Division, Washington, D.C., filed a brief for Amicus Curiae.

Before KELLY, SEYMOUR, and LUCERO, Circuit Judges.

SEYMOUR, Circuit Judge.

Steven Howards brought the present action alleging, inter alia, that defendants Secret Service Agents unlawfully arrested him in violation of his First and Fourth Amendment rights. Defendants moved for summary judgment on the basis that they were immune from suit. Following a hearing on the merits, the district court concluded fact issues precluded the grant of qualified immunity as well as summary judgment. The case is now before us...

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