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BANEK v. THOMAS

No. 84SC352.

733 P.2d 1171 (1986)

Oren Alfred BANEK, Petitioner, v. J.L. THOMAS, individually and in his official capacity as a Weld County Deputy Sheriff; Thomas C. Reitz, individually and in his official capacity as a Weld County Deputy Sheriff; and Harold L. Andrews, in his official capacity as Weld County Sheriff, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 26, 1987.

Attorney(s) appearing for the Case

McNew and McNew, Jeb McNew, Barbara Scherer McNew, Nocona, Texas, for petitioner.

Halaby & McCrea, Theodore S. Halaby, Thomas L. Kanan, Jonathan A. Cross, Denver, Thomas O. David, Greeley, for respondents.

QUINN, Chief Justice.

We granted certiorari to review the decision of the court of appeals in Banek v. Thomas, 697 P.2d 743 (Colo.App.1984), which reversed a judgment in favor of the plaintiff-petitioner, Oren Alfred Banek, on his civil claim for assault and battery against the defendants-respondents, Weld County sheriff deputies Jeffrey L. Thomas and Thomas C. Reitz. In reversing the judgment and remanding the case for a new...

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