Habecker v. Town of Estes Park, 10th Cir. Mar. 14, 2008
06-1515 Habecker v. Town of Estes Park
Before LUCERO, HOLLOWAY, and TYMKOVICH, Circuit Judges.
LUCERO, Circuit Judge. David Habecker is a former Trustee of the Town of Estes Park, Colorado (“Town”) and a self-described atheist. After he refused to stand and recite the Pledge of Allegiance at meetings of the Town Board of Trustees (“Board”), several Town citizens organized a successful campaign to recall him from office. Habecker then brought this federal civil rights suit against the Town and members of the recall committee, alleging violations of the First Amendment and Article VI of the Constitution. Concluding that Habecker lacked standing, that his claims were moot, and that he failed to allege a state action, the district court granted summary judgment to the defendants. We agree that we lack jurisdiction over all claims and AFFIRM. … Habecker v. Town of Estes Park.
