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MARTINEZ v. HARPER

No. 90CA0096.

802 P.2d 1185 (1990)

Lucas MARTINEZ, individually and as an heir-at-law, and as the personal representative of the Estate of Faustin Martinez, Plaintiff-Appellant, v. James D. HARPER, individually and as a Colorado State Patrolman; Robert Copley, individually and as Trooper Commander; John N. Dempsey, individually and as Chief of the Colorado State Patrol; and David J. Thomas individually and as Executive Director of the Colorado Department of Public Safety, Defendants-Appellees.

Colorado Court of Appeals, Div. C.

November 8, 1990.

Attorney(s) appearing for the Case

Armando C de Baca, Paul A. Baca, Denver, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Gregg E. Kay, First Asst. Atty. Gen., Denver, for defendants-appellees.

Opinion by Judge ROTHENBERG.

Plaintiff, Lucas Martinez, sought damages under the Civil Rights Act of 1871, 42 U.S.C. § 1983, for injuries sustained when his son, Faustin Martinez, was shot and killed by a Colorado State Patrol Officer, James D. Harper. Harper and other defendants moved for and were granted summary judgment based on a qualified immunity defense. On appeal by plaintiff, we affirm.

I.

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