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UNGERER v. MOODY

No. 91CA1082.

859 P.2d 251 (1993)

Max UNGERER, Plaintiff-Appellant, v. David MOODY, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing March 11, 1993.

Certiorari Granted October 4, 1993.

Attorney(s) appearing for the Case

James Schum, Hotchkiss, for plaintiff-appellant.

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 defendant-appellee.

Opinion by Judge BRIGGS.

Plaintiff, Max Ungerer, appeals the trial court's dismissal pursuant to C.R.C.P. 12(b)(5) of his complaint against the defendant, David Moody, an officer with the Colorado State Patrol. The complaint asserted claims for false arrest and violation of plaintiff's constitutional rights to be free from unreasonable search and seizure and to due process, brought under 42 U.S.C. § 1983 (1988), and...

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