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ESPINOZA v. O'DELL

No. 79SC5.

633 P.2d 455 (1981)

Andrew ESPINOZA, individually and as Personal Representative of the Estate of Arthur Espinoza, deceased, and as guardian of Jeanne Espinoza and Judith Espinoza, minors; Arthur Espinoza, Jr., Barry Espinoza, and Beverly Espinoza, heirs-at-law of the deceased, and the Estate of Arthur Espinoza, deceased, Plaintiffs-Appellants, v. John O'DELL, Gary Graham and David Neil, Arthur Dill, Chief of Police of the City of Denver, and The City and County of Denver, Defendants-Appellees.

Supreme Court of Colorado.

As Modified on Denial of Rehearing June 8, 1981.

Attorney(s) appearing for the Case

Gerash & Springer, P. C., Scott H. Robinson, Denver, for petitioners.

Chesler & Makaroff, Michael V. Makaroff, Denver, for John O'Dell and Gary Graham.

Bruno, Bruno & Bruno, Louis B. Bruno, Denver, for David Neil.

Max P. Zall, City Atty., Lloyd K. Shinsato, Gregory C. Denton, Don K. DeFord, Asst. City Attys., Denver, for Arthur Dill and The City & County of Denver.

ROVIRA, Justice.

This is an appeal from the dismissal of a complaint which asserted claims on behalf of the estate of Arthur Espinoza, by the personal representative of the estate, and by the children of Arthur Espinoza, who are his heirs at law, against three police officers, the Chief of Police of Denver, and the City and County of Denver.1

The complaint alleged:

(1) that defendants O'Dell, Graham, and Neil, while acting...

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