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MASTERS v. GILMORE

Civil Action No. 08-cv-02278-LTB-KLM.

663 F.Supp.2d 1027 (2009)

Timothy MASTERS, Plaintiff, v. Terence A. GILMORE, Former Deputy District Attorney of the Eighth Judicial District, in his individual capacity; Jolene C. Blair, Former Deputy District Attorney of the Eighth Judicial District, in her individual capacity; James Broderick, Lieutenant of the Fort Collins Police Department, in his individual and official capacities; Marsha Reed, Former Detective in the Fort Collins Police Department, in her individual capacity; Dennis V. Harrison, Chief of the Fort Collins Police Department, in his individual and official capacities; City of Fort Collins, a municipality; Stuart VanMeveren, Former District Attorney of the Eighth Judicial District, in his individual capacity; Larry Abrahamson, District Attorney of the Eighth Judicial District, in his official capacity; and Eighth Judicial District of Colorado, a political subdivision of the State of Colorado, Defendants.

United States District Court, D. Colorado.

October 5, 2009.

Attorney(s) appearing for the Case

David Arthur Lane, Rebecca Teitelbaum Wallace, Sara J. Rich, Killmer, Lane & Newman, LLP, Denver, CO, David Duane Wymore, David D. Wymore, Attorney at Law, Boulder, CO, Maria Liu, Collins, Liu & Lyons, LLP, Greeley, CO, for Plaintiff.

Josh Adam Marks, Berg, Hill, Greenleaf & Ruscitti, LLP, Boulder, CO, Craig Lewis Truman, Craig L. Truman, P.C., Kevin J. Kuhn, Lamar Fredrick Jost, Marsha M. Piccone, Wheeler Trigg O'Donnell, LLP, Patrick Dale Tooley, Thomas Mark Dunn, Dill, Dill, Carr, Stonbraker & Hutchings, PC, Andrew David Ringel, Thomas J. Lyons, Hall & Evans, LLC, Denver, CO, George H. Hass, Fort Collins, CO, Jeannine Sue Haag, Larimer County Attorney's Office, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

I. Introduction

Canon 5 of the American Bar Association ("ABA") Canons of Professional Ethics adopted in 1908 provides:

The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done. The suppression of facts or the secreting of witnesses capable of establishing the innocence of the accused is highly reprehensible.

In turn, Ethical...

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