Opinion
Civ. 20-0496 KG/GJR
03-31-2022
JEFF SWANSON, Plaintiff, v. COUY GRIFFIN, Otero County Commissioner, in his individual capacity acting under the color of law, and SYLVIA TILLBROOK, Otero County Records Custodian, Defendants.
ORDER OF DISMISSAL
This matter comes before the Court on Mandate from the United States Court of Appeals for the Tenth Circuit. (Doc. 29). On appeal, the Tenth Circuit reversed this Court's Order (Doc. 14). denying Defendant Couy Griffin's motion to dismiss and for qualified immunity with respect to Plaintiffs claims in Count 1 for violations of the First Amendment. (Doc. 29-1). The Circuit then remanded the case for further proceedings. As ordered by the Tenth Circuit, the Court concludes that Plaintiff failed to show that his alleged First Amendment right was "clearly established" at the time of the incident and, therefore, Defendant Griffin is entitled to qualified immunity.
IT IS, THEREFORE, ORDERED that Plaintiffs claims against Defendant Griffin in the First Cause of Action are dismissed with prejudice.