Cooney v. White

URBIGKIT, Justice.

This appeal involves a decision which was returned to the Wyoming Supreme Court by the United States Supreme Court regarding a prosecuting attorney’s conduct, addressed adversely, by a 42 U.S.C. § 1983 (1982) damage complaint. Following a W.R.C.P. 12(b)(6) dismissal by the state district court and this court’s subsequent three-to-two decision in Cooney v. Park County, 792 P.2d 1287 (Wyo.1990) (Cooney I), the United States Supreme Court, with accommodation to Burns v. Reed, — U.S. -, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991), remand 958 F.2d 374 (7th Cir.1992), requires our…