RATHER v. CONTE

No. 91CA1848.

849 P.2d 884 (1992)

Paul F. RATHER, Paul L. Gonzales, Timothy M. Soncrant, Randy S. Kailey, Plaintiffs-Appellants, v. Tony CONTE, Captain at the Arkansas Valley Correctional Facility; Larry E. Owens, Lieutenant at the Arkansas Valley Correctional Facility; Bill Burdges, Major at the Arkansas Valley Correctional Facility; John C. Wyatt, Captain at the Arkansas Valley Correctional Facility; Richard B. Marez, Major at the Arkansas Valley Correctional Facility; all in their individual and/or official capacities, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 31, 1992.

Certiorari Denied April 19, 1993.


Attorney(s) appearing for the Case

Paul F. Rather, pro se.

Paul L. Gonzales, pro se.

Timothy M. Soncrant, pro se.

Randy S. Kailey, pro se.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Jane R. Christman, Asst. Atty. Gen., Denver, for defendants-appellees.


Opinion by Judge PIERCE.

In this action alleging claims under 42 U.S.C. § 1983 (1981), plaintiffs, Paul Rather, Paul Gonzales, Timothy Soncrant, and Richard Kailey, inmates at the Arkansas Valley Correctional Facility (AVCF), appeal from a judgment of dismissal entered in favor of defendants, Terry Conte, Larry Owens, Bill Burdges, John Wyatt, and Richard Marez, employees of the Colorado Department of Corrections. We affirm.

Plaintiffs were terminated...

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