SHIRK v. FORSMARK

No. 10CA2141.

272 P.3d 1118 (2012)

2012 COA 3

Michael A. SHIRK and Joanna Shirk, individually and acting as parents and next friends of B.N.S., R.T.S., and B.K.S., minor children, Plaintiffs-Appellees, v. Joan FORSMARK, Cathy O'Donnell, and Angela Lytle, MSW, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

January 5, 2012.


Attorney(s) appearing for the Case

Hutchinson Black & Cook, LLC, Baine P. Kerr , Christopher W. Ford , Keith M. Edwards , Boulder, Colorado; Allen & Vellone, P.C., Jordan Factor , Denver, Colorado, for Plaintiffs-Appellees.

Hal B. Warren , County Attorney, Heidi M. Miller , Assistant County Attorney, Michelle Tyler Michel , Assistant County Attorney, Brighton, Colorado, for Defendants-Appellants.


Opinion by Judge WEBB.

The case from which this interlocutory appeal arises involves 42 U.S.C. § 1983 claims on behalf of children for injuries suffered in connection with their foster care placement and adoption. Defendants, Joan Forsmark, Cathy O'Donnell, and Angela Lytle, seek review of the trial court's orders denying their motions for summary judgment, which asserted qualified immunity for their discretionary decisions as government officials involved in...

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