[DOWNLOAD] "Midkiff v. Adams County Regional Water District" by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Midkiff v. Adams County Regional Water District
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 24, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

Plaintiffs Brian and Monica Midkiff ("Midkiffs") appeal from the District Court order that granted the motions to dismiss of Defendants Adams County Regional Water District ("Water District") and the Water Districts manager, Brian Ast. The District Court also denied the Midkiffs motion for leave to file a Second Amended Complaint. Following a dispute between the Midkiffs and their landlords, the Water District terminated water service to the Midkiffs property pursuant to the request of the Midkiffs landlords. The landlords were the customers of the Water District and held the account for water service to the property. Plaintiffs filed a purported class action under 42 U.S.C. § 1983, attacking the Water Districts policy that tenants and other non-property owners cannot establish water service accounts in their own names because they are not property owners. The Midkiffs claimed that the Defendants policy violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. We hold that the Plaintiffs have not established a due process or equal protection violation because they have not shown a legitimate claim of entitlement to water service and because Defendants conduct does not shock the conscience. This Court also concludes that the Magistrate Judge in this case did not err in denying the Midkiffs motion for leave to file a Second Amended Complaint. We AFFIRM the judgments below in their entirety.

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