Lawyers for the city denied the allegations. But the judicial panel defeated the appeal on other grounds.
"It's entirely possible Mr. Walsh was and is a final policy maker for Casper," Judge Neil Gorsuch wrote on behalf of the 10th Circuit Court of Appeals panel. "The difficulty is we just don't know."
"We are disappointed with the court's decision and particularly its analysis, which we believe was deeply flawed as it disregards and stands to undermine decades of good law which has allowed individuals to stand up to corporations and municipalities," he said in a written statement.
Heinrich spent a night in jail after her arrest. Proceedings against her ended in a mistrial. Passionate views, pointed criticism and critical thinking are welcome. Name calling, crude language and personal abuse are not welcome. Moderators will monitor comments with an eye toward maintaining a high level of civility in this forum. Our comment policy explains the rules of the road for registered commenters.
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settle with Heinrich. Terms of the deal were not made public.
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Police arrested Heinrich in July 2010 after she found a wallet left behind at a gas station. She tried to contact the owner directly, but failed to reach him. She called police to report the missing property and officers demanded she give them the wallet. She refused until hearing the owner's wishes.
If your comment was not approved, perhaps.
Heinrich said police threatened to arrest her and lied about having a search warrant. She also alleged officers arrested her even when she relented and agreed to hand over the wallet.
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A message left for attorneys representing the city was not Nike Cortez Ii Blue White returned.
The three judge panel agreed with a lower court ruling that dismissed Deborah Heinrich's case against the city. Heinrich alleged the Casper Police Department had an unconstitutional policy that required people to turn over lost property to officers.
Wyoming woman in lost wallet case loses appeal
Heinrich's attorney, John Robinson, said he planned to ask for the entire 10th Circuit to reconsider the matter.
A federal appeals court on Wednesday rejected the lawsuit of a Natrona County woman who sued police and the city of Casper after being arrested for refusing to turn over a lost wallet.
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