HENDERSON v. ROMER

No. 94CA0454.

910 P.2d 48 (1995)

Randy J. HENDERSON; Mary L. Henderson; Amanda Henderson, by her mother and next friend Mary L. Henderson; Sherrie Henderson, by her mother and next friend Mary L. Henderson; and Melissa Henderson-Baumgartner, Plaintiffs-Appellants, v. Roy ROMER, Governor of the State of Colorado, individually and in his official capacity; Aristedes Zavaras, Director of the Colorado State Department of Corrections in his official capacity; Frank Gunther, in his individual capacity; William Price, Superintendent of the Arkansas Valley Correctional Facility, State Department of Corrections, in his official capacity and individually; Ron Wager, in his official capacity and individually; the State of Colorado; and the Colorado State Department of Corrections, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 20, 1995.

Certiorari Granted February 20, 1996.


Attorney(s) appearing for the Case

McDivitt Law Firm, P.C., Michael W. McDivitt, Colorado Springs, for plaintiffs-appellants.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., George S. Meyer, Asst. Atty. Gen., Denver, for defendants-appellees.


Opinion by Judge HUME.

Plaintiffs, Randy J. Henderson, Mary L. Henderson, Amanda Henderson, Sherrie Henderson, and Melissa Henderson-Baumgartner, appeal the trial court's dismissal of their state and federal claims against defendants, Roy Romer, Governor of the State of Colorado, individually and in his official capacity; Aristedes Zavaras, Director of the Colorado Department of Corrections, in his official capacity; Frank Gunther, individually; William Price, Superintendent...

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