Frank J. Prochaska, Cross-Appellee v. Francis H. Marcoux, Cross-Appellant

BARRETT, Circuit Judge.

Frank J. Prochaska (Prochaska) appeals an order and judgment granting Francis Marcoux’ (Marcoux) motion for summary judgment. Prochaska initiated the action on July 3, 1978 seeking compensatory and exemplary damages for Marcoux’ alleged violation of his civil rights under 42 U.S. C.A. § 1983. A brief summary of the facts will facilitate our appellate disposition.

Marcoux is a wildlife conservation officer with the Colorado Division of Wildlife assigned to the Estes Park area of Colorado. Marcoux’ duties as a wildlife officer include law enforcement, game management, fish…