Legal Opinion
Margheim v. Buljko
Court of Appeals for the Tenth Circuit
Decided April 28, 2017No. 16-1121PublishedCited by 92 opinions
1Opinion of the Court
MATHESON, Circuit Judge.
Terry Margheim sued Emela Buljko, a deputy district attorney in Colorado, under 42 U.S.C. § 1983 for malicious prosecution in violation of his Fourth Amendment rights. In this interlocutory appeal, Ms. Buljko asks us to reverse the district court’s summary judgment order denying her absolute and qualified immunity.
When Ms. Buljko raised the qualified immunity defense in district court, Mr. Margheim had the burden to show a violation of clearly established federal law. He failed to show an essential element of his malicious prosecution claim to establish a…
2Cases cited31 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Pearson v. CallahanSupreme Court of the United States · 2009
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Baker v. McCollanSupreme Court of the United States · 1979
- Wallace v. KatoSupreme Court of the United States · 2007
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3Cited by92 opinions
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