Klen v. City of Loveland, No. 10-1311 (10th Cir. 2011)Annotate this Case
Plaintiffs Edward Klen, Diverse Construction, Stephen Klen and Holstein Self-Service Storage, LLC brought a civil rights lawsuit against the City of Loveland Colorado and various City employees alleging "a plethora" of constitutional violations involving: the defendants' alleged imposition of deliberate delays and unreasonable requirements for Plaintiffs' building permit; solicitation of illegal and extortionate fees for the permit; use of perjury in criminal ordinance violation proceedings; retaliation for plaintiffs' exercise of their First Amendment rights; forgery of Plaintiffs' permit application to facilitate a wrongful prosecution; and trespassing by a building inspector. The district court granted summary judgment in favor of the Defendants on Plaintiffs' federal claims and declined to exercise supplemental jurisdiction over their state-law claims. Plaintiffs appealed the grant of summary judgment. Upon review, the Tenth Circuit could not agree with the district court's conclusion that there was no causal connection between an alleged affidavit used to support Plaintiffs' claim that they were being selectively prosecuted and the outcome of that prosecution. "It is not possible to determine on this record whether, absent the affidavit, the state municipal court would have dismissed the
prosecution against Ed Klen, obviating the need for a no contest plea to avoid the possibility of a trial and even of jail time for the offenses. We therefore reverse summary judgment as to this claim." The court affirmed the district court in all other respects.