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GONZALES v. CITY OF CASTLE ROCK

No. 01-1053.

366 F.3d 1093 (2004)

Jessica GONZALES, individually and as next best friend of her deceased minor children Rebecca Gonzales, Katheryn Gonzales and Leslie Gonzales, Plaintiff-Appellant, v. CITY OF CASTLE ROCK; Aaron Ahlfinger; R.S. Brink; Marc Ruisi, Officers of the Castle Rock Police Department, Defendants-Appellees. Colorado Municipal League; Colorado Counties, Inc.; and Colorado Association of Chiefs of Police, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 29, 2004.

Attorney(s) appearing for the Case

Brian J. Reichel, Attorney, Thornton, CO, for Plaintiff-Appellant.

Thomas S. Rice, Senter Goldfarb & Rice, L.L.C. (Eric M. Ziporin, Senter, Goldfarb & Rice, L.L.C. and Christina M. Habas, Bruno, Bruno & Colin, P.C., with him on the brief), Denver, CO, for Defendants-Appellees.

Carolynne White, Staff Attorney, Colorado Municipal League; Thomas J. Lyons, Hall & Evans, LLC, Denver, CO; and Julie C. Tolleson, Kennedy & Christopher, PC, Denver, CO, on the brief for Amici Curiae.

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.

SEYMOUR, Circuit Judge.

This civil rights case asks us to decide whether a court-issued domestic restraining order, whose enforcement is mandated by a state statute, creates a property interest protected by the due process clause of the Fourteenth Amendment. The district court held it does not and dismissed the action under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted. A panel of...

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