Schaffer v Salt Lake City Corporation

Schaffer appealed judgment for City and two parking enforcing officers in her 1983 malicious prosecution case. The panel affirmed on the ground that there was no state action. It held that the officers were acting in their private capacity when they accused Schaffer of trying to hit them with a truck as there was no nexus between their capacity as parking enforcement officers and their decision to file a complaint. The panel also held there was no joint action here as merely furnishing information to law enforcement is not enough and the decision to arrest Schaffer was made by a different police officer after an independent investigation.

Coalition for Secular Government v Williams

Williams, in his capacity as Colorado Secretary of State, appealed the district court injunction prohibiting enforcement of Colorado’s reporting and disclosure rules against Coalition. The panel affirmed. It first held that because Coalition was challenging the requirements as applied to it, review was under exacting scrutiny. It held that the requirements failed exacting scrutiny because Coalition only raised about $3,500.00, the government interest in informational disclosure was therefore low and the burdens of recordkeeping and deterred donors outweighed the interest. It declined to rule on the facial constitutionality of Colorado’s $200 contribution or expenditure triggering threshold leaving the matter to the people of Colorado.