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CROUSE v. CITY OF COLORADO SPRINGS

No. 86SA363.

766 P.2d 655 (1988)

David Alan CROUSE, Appellant and Cross-Appellee, v. CITY OF COLORADO SPRINGS and Mario Rivera, in his individual and official capacity, Appellees and Cross-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing January 17, 1989.

Attorney(s) appearing for the Case

Cornish and Dell'Olio, Craig M. Cornish Colorado Springs, for appellant and cross-appellee.

Hall & Evans, Alan Epstein, Gordon L. Vaughan, Denver, Kane & Donley, Thomas K. Kane, Colorado Springs, for appellees and cross-appellants.

KIRSHBAUM, Justice.

Appellant, David Alan Crouse, seeks review of the trial court's summary judgment dismissing state common-law tort claims and federal civil rights violation claims he filed against defendants, City of Colorado Springs (the City) and Colorado Springs Police Officer Mario Rivera, and awarding attorney fees to the defendants. The trial court held that section 13-80-129, 6A C.R. S. (1982 Supp.) (repealed & reenacted 1986),1

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