VILLANUEVA v. EL PASO COUNTY

Civil Action No. 19-cv-00295-PAB-KMT.

463 F.Supp.3d 1202 (2020)

Thomas VILLANUEVA, Plaintiff, v. EL PASO COUNTY, Bill Elder, Sheriff, El Paso County Sheriff's Office, in his official capacity; The Estate of Micah Flick, Deputy, El Paso County Sheriff's Office, in his individual capacity; Scott Stone, Deputy, El Paso County Sheriff's Office, in his individual capacity; Jacob Abendschan, Sergeant, El Paso County Sheriff's Office, in his official and individual capacities; John Watts, Detective, El Paso County Sheriff's Office, in his individual capacity; Tremaine White, Detective, El Paso County Sheriff's Office, in his individual capacity; Stephanie Criss, Detective, El Paso County Sheriff's Office, in her individual capacity; Michael Boggs, Detective, El Paso County Sheriff's Office, in his individual capacity; The City of Colorado Springs, Colorado; Peter Carey, Chief of Police, Colorado Springs Police Department, in his official capacity; Kevin Miyakusu, Sergeant, Colorado Springs Police Department, in his official and individual capacities; Marcus Yanez, Officer, Colorado Springs Police Department, in his individual capacity; John Reindollar, Investigator, Colorado State Patrol, in his individual capacity; and Chad Hunt, Sergeant, Colorado State Patrol, in his individual capacity, Defendants.

United States District Court, D. Colorado.

Filed May 29, 2020.


Attorney(s) appearing for the Case

Colleen Therese Calandra , Joseph Philip Ramos, Jr. , Rebekah Frances Stern , Brian Andrew Calandra , Ramos Law, LLC, Northglenn, CO, Scott Alan Hooper , Scott Hooper Law Firm, Wheat Ridge, CO, for Plaintiff.

Nathan James Whitney , El Paso County Attorney's Office, Colorado Springs, CO, Raymond Myles Deeny , Sherman & Howard, L.L.C., Denver, CO, for Defendants El Paso County, Bill Elder, Jacob Abendschan, Jacob (I) Abendschan.

Gordon Lamar Vaughan , Vaughan & DeMuro-Colorado Springs, Nathan James Whitney , El Paso County Attorney's Office, Colorado Springs, CO, for Defendant Estate of Micah Flick.

Ann Baumgartner Smith , Gordon Lamar Vaughan , Vaughan & DeMuro-Colorado Springs, Nathan James Whitney , El Paso County Attorney's Office, Colorado Springs, CO, for Defendants Scott Stone, John Watts, Stephanie Criss, Michael Boggs.

Nathan James Whitney , El Paso County Attorney's Office, Colorado Springs, CO, William Thomas O'Connell, III , Wells Anderson & Race, LLC, Denver, CO, for Defendant Tremaine White.

Anne Hall Turner , Colorado Springs City Attorney's Office-South Nevada, Nathan James Whitney , El Paso County Attorney's Office, Colorado Springs, CO, for Defendants City of Colorado Springs, Colorado, Peter Carey, Kevin Miyakusu, Kevin (I) Miyakusu, Marcus Yanez.

Nathan James Whitney , El Paso County Attorney's Office, Colorado Springs, CO, William V. Allen , Colorado Attorney General's Office, Denver, CO, for Defendants John Reindollar, Chad Hunt.


ORDER

This matter is before the Court on Defendants' Joint Motion to Dismiss [Docket No. 40]. The Court has jurisdiction pursuant to 28 U.S.C. § 1331.

I. BACKGROUND1

Defendants sued in their individual capacity are law enforcement...

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