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GALLAGHER v. BOARD OF TRUSTEES

No. 00SC895.

54 P.3d 386 (2002)

Sean K. GALLAGHER, Petitioner, v. BOARD OF TRUSTEES FOR the UNIVERSITY OF NORTHERN COLORADO, The University of Northern Colorado, and James Zakely, Respondents.

Supreme Court of Colorado, En Banc.

September 16, 2002.

Attorney(s) appearing for the Case

Welborn, Sullivan, Meck & Tooley, P.C., Kristen L. Mix, Denver, Colorado, Attorneys for Petitioner.

Ken Salazar, Attorney General, Douglas J. Cox, Assistant Attorney General, Denver, Colorado, Attorneys for Respondents.

Roseman & Kazmierski, L.L.C., Barry D. Roseman, Thomas A. Feldman, Collison & Bechtold, LLC, Joan M. Bechtold, Denver, Colorado, Attorneys for Amicus Curiae Plaintiff Employment Lawyers Association.

Justice BENDER delivered the Opinion of the Court.

Introduction

In this case we consider three issues construing the Colorado Governmental Immunity Act (CGIA) in the context of a whistleblower claim.

First, we consider whether the CGIA's 180-day notice of claim requirement bars the whistleblower-plaintiff from seeking relief for actions of the defendant-employer which occurred more than 180 days before the...

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