Williams v. Berney, 10th Cir. Mar. 18, 2008
06-1177 Williams v. Berney
Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.
TYMKOVICH, Circuit Judge. While delivering a licensing notice to a kennel business, Denver business license inspector Richard Berney physically assaulted Reed Williams and Marcy Albin, co-owners of the business. Williams and Albin sued Berney and his employer, the City and County of Denver, alleging the assaults violated their procedural and substantive due process rights under 42 U.S.C. § 1983. They also alleged state law battery and extreme and outrageous conduct claims against Berney.
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The district court granted partial summary judgment on the substantive due process claim, reasoning that Berney’s tortious conduct did not rise to the level of a constitutional violation under § 1983. Plaintiffs appealed. While Berney’s conduct was plainly objectionable, we agree with the district court that he did not violate Plaintiffs’ constitutional rights.
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Accordingly, we AFFIRM the district court’s grant of summary judgment on Plaintiffs’ substantive due process claim.1 … Williams v. Berney.
