ANAYA v. CROSSROADS MANAGED CARE SYSTEMS, INC.

No. 97-1358.

195 F.3d 584 (1999)

Jude ANAYA; Gasper R. Barela; Leonard Dominguez; Pat Dominguez; Erica Fabec; Daniel V. Gallegos; John A. Garcia; Haskell Hooks; Mario J. Incitti; Clyde T. Jones; Thor Jones; Edward William Leroux; Michael A. Romero; Owen Shugard; Steven M. Torma; Charlene K. Villani, individually and as representatives of a class of all other persons similarly situated, Plaintiffs-Appellants, v. CROSSROADS MANAGED CARE SYSTEMS, INC., a Colorado nonprofit corporation; Lou Girodo, Las Animas County Sheriff, in his official capacity; John Does I-XV, Deputy Sheriffs of Las Animas County, individually and in their official capacities; James Montoya, Chief of the Trinidad Police Department, in his official capacity; John Does XVI-XXX, peace officers of the Trinidad Police Department, individually and in their official capacity; City of Trinidad; Harry Sayre, Mayor of the City of Trinidad, in his official capacity and as successor mayor; Las Animas County, Colorado; Las Animas County, Board of County Commissioners; Eugene Lujan, Commissioner, in his official capacity; Stanley Biber, Commissioner, in his official capacity; Phil Valdez, Commissioner, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 2, 1999.


Attorney(s) appearing for the Case

Robert T. Fishman, (Jay S. Horowitz with him on the briefs), of Krendl Horowitz & Krendl, Denver, Colorado, for Plaintiffs-Appellants.

Theodore S. Halaby, (R. Craig Hess with him on the brief), of Halaby Cross Leichty & Schluter, Denver, Colorado, for City of Trinidad, Harry Sayre, Las Animas County, Colorado, Las Animas County, Board of County Commissioners, Eugene Lujan, Stanley Biber and Phil Valdez, Defendants-Appellees.

Phillip A. Vaglica, (Elizabeth A. Maldonado with him on the brief), of Vaglica, Meinhold & Maldonado, LLC, Denver, Colorado, for Crossroads Managed Care Systems, Inc, Lou Girodo and James Montoya.

Before SEYMOUR, Chief Judge, BRORBY, and HENRY, Circuit Judges.


ORDER ON PETITION FOR REHEARING

HENRY, Circuit Judge.

This matter is before the court on appellants' petition for rehearing filed on September 20, 1999. The petition for rehearing is granted. The court's opinion filed on September 3, 1999, is withdrawn and an amended opinion is attached to this order.

OPINION

Plaintiffs brought the instant suit under 42 U.S.C. § 1983, for violation of rights under the Fourth and Fourteenth Amendments...

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