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STEPANEK v. DELTA COUNTY

No. 96SC299.

940 P.2d 364 (1997)

In re the Matter of Bernard Louis STEPANEK, an incapacitated person, and concerning, Louis Stepanek and Marie Stepanek, as Guardians, Petitioners, v. DELTA COUNTY and Delta County Department of Social Services, Respondents.

Supreme Court of Colorado, En Banc.

June 23, 1997.

Attorney(s) appearing for the Case

Mathis & Masters, L.L.C., Stephen M. Mathis, Geoffrey R. Nims, Montrose, for Petitioners.

Younge & Hockensmith, P.C., Earl G. Rhodes, Grand Junction, for Respondents.

Wilcox & Ogden, P.C., Ralph Ogden, Denver, for Amicus Curiae The Colorado Trial Lawyers Association.

Hall & Evans, L.L.C., Thomas J. Lyons, Denver, for Amicus Curiae Colorado Counties, Inc.

Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in In re the Matter of Bernard Louis Stepanek, 924 P.2d 1142 (Colo.App.1996), to determine whether the court of appeals erred in granting a county attorney absolute immunity from the application of section 13-17-102, 6A C.R.S. (1987), and C.R.C.P. 11. We hold that the court of appeals correctly determined...

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