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NEIL v. ESPINOZA

No. 85SC425.

747 P.2d 1257 (1987)

David NEIL, Petitioner, v. Andrew ESPINOZA, Jeannie Espinoza, Judith Espinoza, Arthur Espinoza, Jr., Barry Espinoza, and Beverly Espinoza, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 11, 1988.

Attorney(s) appearing for the Case

Halaby & McCrea, Theodore S. Halaby, Robert M. Liechty, Denver, Bruno, Bruno & Colin, P.C., Lakewood, for petitioner.

Gerash, Robinson, Miller & Miranda, P.C., Scott H. Robinson, Denver, for respondents.

ROVIRA, Justice.

Defendant David Neil, a Denver police officer, shot and killed Arthur Espinoza on July 31, 1977. Espinoza's six children filed suit against defendant1 in 1977 under 42 U.S.C. § 1983 (1982),2 alleging that defendant's killing of their father deprived them of their fourteenth amendment liberty interests in familial association without due process of law.3

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