MONTOYA v. CITY OF COLORADO SPRINGS

No. 87CA0558.

770 P.2d 1358 (1989)

Pete MONTOYA, Plaintiff-Appellant, v. CITY OF COLORADO SPRINGS, a Municipal Corporation, and its agents Richard C. Smith, Robert Rachwitz, Eldon K. Boyer, James Larson, Ralph B. Litell, Donald E. Schinkel, Neil J. Sorenson, and William W. Sopp, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing February 16, 1989.

Certiorari Pending May 4, 1989.


Attorney(s) appearing for the Case

J. Gregory Walta, Colorado Springs, for plaintiff-appellant.

Hall & Evans, Malcolm S. Mead, and Cathy S. Harris, Denver, for defendants-appellees.


CRISWELL, Judge.

The plaintiff, Pete Montoya, appeals from the summary judgment of the district court that dismissed his civil rights claims under 42 U.S.C. § 1981 and § 1983 against the defendants, City of Colorado Springs (City) and several of its employees. We reverse.

Montoya joined the City's fire department in 1974 and was a lieutenant in the department at the time of the events giving rise to this litigation. In 1983 he, together with nine...

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