Court of Appeals for the Tenth Circuit January 21, 1998, 97-6012 (Melton Pietrowski v. Town of Dibble, Shown on Petition as the Town Council of Dibble, Ok Ronnie Jackson, and McClain County Dwayne Anderson)

PORFILIO, Circuit Judge.

Plaintiff appeals the district court’s grant of summary judgment in favor of defendants Ronnie Jackson and the Town of Dibble. Because plaintiffs malicious prosecution claim abated upon the death of defendant Jackson and plaintiff failed to show that Jackson acted pursuant to an official policy of the Town of Dibble, we affirm.