SHOELS v. KLEBOLD

No. 03-1295.

375 F.3d 1054 (2004)

Michael SHOELS and Vonda Shoels, as parents of decedent Isaiah Shoels, Plaintiffs-Appellants, v. Thomas KLEBOLD, Susan Klebold, Wayne Harris, and Katherine Harris, Defendants-Appellees, and Jefferson County Sheriff John Stone, individually and in his official capacity, Former Jefferson County Sheriff Ronald Beckham, individually and in his official capacity, Jefferson County Sheriff's Department, Neil Gardner, individually, John Hicks, individually, Mark M. Miller, individually, T. Williams, individually, Mike Guerra, individually, Philip Lebeda, individually, John or Jane Does 2 Through 10 (all deputies in the Jefferson County Sheriff's Department), individually, Jefferson County School District R-1, Frank DeAngelis, individually and in his official capacity, Howard Cornell, individually and in his official capacity, Peter Horvath, individually, William Butts, individually, Garrett Talocco, individually, Judy Kelly, individually, Tom Tonelli, individually, Tom Johnson, individually, John or Jane Does 11 Through 30, individually, James Royce Washington, Ronald F. Hartman, J.D. Tanner, doing business as Tanner Gun Show, Phillip Duran, Mark Manes, and Robyn Anderson, Defendants.

United States Court of Appeals, Tenth Circuit.

July 21, 2004.


Attorney(s) appearing for the Case

Geoffrey Nels Fieger (Victor S. Valenti with him on the briefs), Fieger, Fieger, Kenney & Johnson, P.C., Southfield, MI, for Plaintiffs-Appellants.

C. Michael Montgomery (Steven G. Greenlee with him on the brief), Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P., Denver, CO, for Defendants-Appellees Wayne Harris and Katherine Harris.

Frank D. Patterson (Gregg E. Kay and Kerri J. Atencio with him on the brief), Patterson, Nuss & Seymour, P.C., Englewood, CO, for Defendants-Appellees Thomas Klebold and Susan Klebold.

Before EBEL, ANDERSON, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Five years after the tragedy at Columbine High School, we are called to determine whether the district court rightly put to rest a lawsuit between Michael and Vonda Shoels, whose son Isaiah was killed at Columbine, and the parents of the two shooters. Over strenuous objection, the district court found that the Shoels, through counsel, had entered a binding agreement to settle their claims in April of 2001. Because the Shoels have provided...

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