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MOORE v. GUTHRIE

No. 04-1435.

438 F.3d 1036 (2006)

Tracy MOORE, Plaintiff-Appellant, v. Michael GUTHRIE, individually and in his official capacity as Chief of Police of the City of Evans, Colorado; City of Evans, Colorado, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 22, 2006.

Attorney(s) appearing for the Case

Michael T. Lowe (Marc F. Colin with him on the briefs) of Bruno, Bruno & Colin, P.C., Denver Colorado, for Plaintiff-Appellant.

David R. DeMuro (Lana L. Steven with him on the brief) of Vaughan & DeMuro, Denver, Colorado, for Defendants-Appellees.

Before BRISCOE, McKAY, and EBEL, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff was injured when a bullet flew up beneath his police officer's "riot helmet" during an intense "live fire" training exercise with other police officers, causing him to lose fifty-seven percent of his vision in one eye. The injured officer is a member of the City of Evans, Colorado, police department. The exercise is part of the department's firearms training program, and it simulates various "live fire" scenarios, where officers switch...

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