SMITH v. GILPIN COUNTY, COLO.

Civil Action No. 94-D-779.

949 F.Supp. 1498 (1996)

Roy SMITH, Plaintiff, v. GILPIN COUNTY, COLORADO, et al., Defendants.

United States District Court, D. Colorado.

December 24, 1996.


Attorney(s) appearing for the Case

William S. Finger, Frank & Finger, Evergreen, Co., John R. Holland, Denver, CO. Steve A. Miller, Steve A. Miller, P.C., Denver, CO, for plaintiff Roy Smith.

Frederick A. Fendel, III, Donna A. Worley, James Joseph Petrock, Petrock & Fendel, P.C., Denver, CO, for defendants Gilpin County Board of County Commissioners, Gilpin County Sheriff's Department, Bruce Hartman, in His Official Capacity as Sheriff for the County of Gilipin, John Bayne, Kent Edlund, Mike Lacosse, and John Does 1-5 (persons whose identities are unknown).

Telfer W. Norman, Norman & Mirabella, Lakewood, CO, Alan Peter Gregory, James Barry Powers, Harris, Karstaedt, Jamison & Powers, P.C., Englewood, CO, Michael S. Porter, Michael S. Porter Law Firm, Wheat Ridge, CO, for defendant Bob Berube.

James Joseph Petrock, Petrock & Fendel, P.C., Denver, CO, for defendant Rosetta Anderle.


MEMORANDUM OPINION AND ORDER

DANIEL, District Judge.

I. INTRODUCTION

THIS MATTER is before the Court on the Governmental Defendants' motion to dismiss or for summary judgment filed August 24, 1994 and their renewed motion filed June 18, 1996.1 In arriving at my decision, I have carefully considered Plaintiff's recent supplemental factual submission which urges the Court to reject as unfounded Defendants' defense...

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