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YOUNG v. LARIMER COUNTY SHERIFF'S OFFICE

Court of Appeals No. 13CA1338.

356 P.3d 939 (2014)

2014 COA 119

Kaleb YOUNG, Plaintiff-Appellant, v. LARIMER COUNTY SHERIFF'S OFFICE, a local government entity; Justin Smith, in his official and individual capacity as Larimer County Sheriff; and Detective Pete Mesecher, in his official and individual capacity, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Announced September 11, 2014.

Attorney(s) appearing for the Case

Corry & Associates, Robert J. Corry, Jr. , Matthew W. Buck , Denver, Colorado; Simpson Defense Firm, LLC, Travis B. Simpson , Louisville, Colorado, for Plaintiff-Appellant

Jeannine S. Haag , County Attorney, William G. Ressue , Deputy County Attorney, Fort Collins, Colorado, for Defendants-Appellees

Opinion by JUDGE WEBB

¶ 1 This case presents another novel question that arises from the conflict between Colorado law and federal law concerning marijuana — does 42 U.S.C. § 1983 (2012) provide a remedy for state action that violates a right created by the Medical Marijuana Amendment, article XVIII, section 14 of the Colorado Constitution (MMA)? Because federal law criminalizes possession of marijuana, we conclude that such a claim...

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