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MONTOYA v. BOARD OF COUNTY COM'RS

Civil Action No. 05-cv-02533-EWN-MJW.

506 F.Supp.2d 434 (2007)

Thomas MONTOYA, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS, Chaffee County, Colorado, in their official and individual capacities, Chaffee County Sheriff Timothy Walker, in his official and individual capacity, Chaffee County Deputy Sheriff Scott Glen, in his official and individual capacity, David Platt, in his official and individual capacity, Board of County Commissioners, Park County, Colorado, in their official and individual capacities, Park County Sheriff Fred Wegener, in his official and individual capacity, Defendants.

United States District Court, D. Colorado.

March 14, 2007.

Attorney(s) appearing for the Case

David Arthur Lane, Marcel Krzystek, Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiff.

Andrew David Ringel, Edmund Martin Kennedy, Hall & Evans, L.L.C., Anthony Melonakis, Law Firm of Anthony Melonakis, Denver, CO, for Defendants.

ORDER AND MEMORANDUM OF DECISION

NOTTINGHAM, District Judge.

This is a civil rights case arising under 42 U.S.C. § 1983 (2006) ("section 1983"). Plaintiff Thomas Montoya alleges that Defendants Board of County Commissioners of Chaffee County ("Chaffee County"), Sheriff Timothy Walker, Scott Glenn, Board of County Commissioners of Park County ("Park County"), Fred Wegener, and David Platt violated his constitutional rights by subjecting him to a taser...

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