Opinion
Civil Action No. 10-cv-01895-RPM
03-14-2012
FRANK AGAZIO, JULIA AGAZIO and MARIA AGAZIO, a minor , by and through her next friends Frank and Julia Agazio, Plaintiffs, v. COMMERCE CITY COLORADO, COMMERCE CITY POLICE OFFICER SUZANNE BARBER (CC2746), in her official and individual capacity and COMMERCE CITY POLICE OFFICER KENDALL GROVE (CC1088), in his official and individual capacity, Defendants.
Senior District Judge Richard P. Matsch
Courtroom Deputy: J. Chris Smith
FTR Technician: Kathy Terasaki
Jay W. Swearingen
Steven J. Dawes
COURTROOM MINUTES
Hearing on Pending Motions
10:00 a.m. Court in session.
Plaintiffs present. Court's preliminary remarks and advises counsel that for purposes of this hearing and the law it is considering the dog as personal property and the 1983 claim as a Fourth Amendment violation. Mr. Swearingen states plaintiffs contend the dog is joint ownership among the plaintiffs. Discussion between court and Mr. Swearingen regarding excessive force claim. 10:05 a.m. Argument by Mr. Dawes. 10:13 a.m. Argument by Mr. Swearingen. 10:26 a.m. Rebuttal argument by Mr. Dawes.
Court makes oral findings of fact and conclusions of law as stated on record.
ORDERED: Defendants' Motion to Dismiss and in the Alternative Motion for Summary Judgment [31], is denied as to Officer Barber with respect to the First Claim for Relief considered as a Fourth Amendment violation and claim for qualified immunity and granted with respect to the tort claims. Defendant Commerce City's claim that plaintiffs failed to show a policy that the city violated that constituted an injury due to the loss of the dog is granted. Case will proceed forward with respect to the remaining claims against Officer Barber and all other claims against the other defendants are dismissed.
Court finds dog ownership is joint among the two adult plaintiffs.
Defendants' Motions to Strike Exhibits [47], is terminated.
Discussion regarding scheduling.
ORDERED: Pretrial conference set April 20, 2012 at 2:00 p.m.
10:32 a.m. Court in recess.
Hearing concluded. Total time: 32 min.