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GARCIA v. HARMS

Court of Appeals No. 13CA2085.

410 P.3d 561 (2014)

2014 COA 154

Anthony Max GARCIA, Plaintiff-Appellant, v. Allen HARMS, in his official capacity; James Falk, in his official capacity; Rick Raemisch, in his official capacity; John Hickenlooper, Governor, in his official capacity; State of Colorado; and Jane Doe and John Doe, whose true names are unknown, in their official capacities, Defendants-Appellees.

Colorado Court of Appeals, Division VI.

Announced November 6, 2014.

Attorney(s) appearing for the Case

The Elliott Law Offices, P.C., Mark Elliott , Alonit Katzman , Arvada, Colorado; Elisabeth L. Owen , Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Nicole S. Gellar , Senior Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

¶ 1 Plaintiff Anthony Max Garcia, an inmate at Sterling Correctional Facility (Sterling), was convicted of assault under the Colorado Department of Corrections (CDOC) Code of Penal Discipline (COPD). He filed an action in district court challenging his COPD conviction, and the district court dismissed the action as not...

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