DENVER (CN) – A divided 10th Circuit dismissed the appeal of volunteers recruited by the Secret Service who booted two people from a George Bush speech in Denver for having a “No More Blood for Oil” bumper sticker on their car.
The White House solicited help from Michael Casper, Jay Bob Klinkerman and other volunteers to make sure that everyone attending the president’s speech at the Wings Over the Rockies Air and Space Museum agreed with Bush’s policies. The would-be attendees sued Casper and Klinkerman, claiming they “acted in concert with” the higher ups who established the pro-Bush-attendee policy.
Defendants sought qualified immunity as private citizens voluntarily helping a federally sponsored event.
Judge Kelly, writing for the majority, held that the denial of qualified immunity was not an appealable order, while Judge McConnell said the court should have reviewed the merits of the claim. See ruling.