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ROSSITER v. ROBINSON

Civil No. 08-cv-01661-LTB-KLM.

716 F.Supp.2d 1018 (2010)

Estate of David Rance ROSSITER, by Charles Rossiter and Erin Rossiter as Co-Personal Representatives, Charles Rossiter, as Parent and Co-Personal Representative of the Estate of David Rance Rossiter, and Erin Rossiter, as Parent and Co-Personal Representative of the Estate of David Rance Rossiter, Plaintiffs, v. Sheriff Grayson ROBINSON, in his individual and official capacity, and Officer Daniel Joseph Montana, Jr., in his individual and official capacity, Defendants.

United States District Court, D. Colorado.

June 8, 2010.

Attorney(s) appearing for the Case

Alfred (Fred) F. Paoli, Jr. , Jeffrey A. Bogue , Bogue Paoli, LLC, Denver, CO, Stephanie G. Kruer , Kruer Law Firm, Sheridan, MT, for Plaintiffs.

Edward M. Caswall , Breena N. Meng , Arapahoe County Attorney's Office, Littleton, CO, Gillian Marie Fahlsing , Thomas Sullivan Rice , Senter Goldfarb & Rice, LLC, Denver, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, J.

THIS MATTER is before the Court on Defendants' Motions for Summary Judgment, filed November 16, 2009 (docket # 107, 108); Plaintiffs' Response, filed December 9, 2009; and Defendants' Reply, filed December 28, 2009. On May 25, 2010, I heard arguments on the motions. Plaintiffs' Complaint asserted the following claims: 1) Excessive Force against all Defendants (as to Defendant Robinson inherent in Defendant's failure...

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