Opinion
Civil Case No. 00-B-1612.
November 27, 2001
ORDER
Defendants Jefferson County Sheriff's Department (Sheriff's Department) and Sheriff John C. Stone, Former Jefferson County Sheriff Ronald Beckham, Deputy Sheriff Neil Gardner, Deputy Sheriff John Hicks, Deputy Sheriff Mark M. Miller, Deputy Sheriff Tonya Williams (incorrectly identified as Tanya Williams), Deputy Sheriff Mike Guerra, and Deputy Sheriff Phillip Lebeda, (collectively, Sheriff Defendants) move, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss all claims brought by Plaintiffs Sean Graves and his parents, Randal Graves and Natalie Graves, (collectively, Plaintiffs). In a separate Rule 12(b)(6) motion, Defendants Jefferson County School District R-1 (School District) and Frank DeAngelis, Howard Cornell, Peter Horvath, William Butts, Garrett Talocco, Judy Kelly, Tom Tonelli, and Tom Johnson (collectively, individual School Defendants), also seek dismissal. After consideration of the motions, briefs, arguments of counsel, and for the following reasons, I grant the motions.
I. Alleged Facts
On April 20, 1999, at approximately 11:20 a.m., Plaintiff Sean Graves, a Columbine High School student, was shot numerous times and seriously injured outside the school near the rear door to the cafeteria, (C/O) ¶¶ 1, 27, by fellow students Dylan Klebold and/or Eric Harris. See C/O ¶¶ 28-30.
The balance of Plaintiff's alleged facts are identical in all respects to those alleged in Case No. 00-B-1611, Castaldo v. Stone. Plaintiffs bring the identical claims against the same Defendants here as in Case No. 00-B-1611. The Sheriff and School Defendants filed identical Fed.R.Civ.P. 12(b)(6) motions to dismiss in both cases. The Plaintiffs in both cases filed either identical or combined briefs and responses. Therefore, based on the analysis and conclusions set out in Case No. 00-B-1611, which are incorporated into this Order, IT IS ORDERED that:
1. Claim One against the Sheriff Defendants, in their individual capacities, is DISMISSED;
2. Claim Two against the Sheriff Defendants, in their individual capacities, is DISMISSED;
3. Claim Three against Sheriffs Beckham and Stone, in their official capacities, and the Jefferson County Sheriff's Department is DISMISSED;
4. Claim Four against the School Defendants, in their individual capacities, is DISMISSED;
5. Claim Five against the School Defendants, in their individual capacities, is DISMISSED;
6. Claim Six against Defendant DeAngelis, in his official capacity, and the Jefferson County School District R-1 is DISMISSED;
7. Claim Eleven against the Sheriff Defendants, in their individual capacities, is DISMISSED; and
8. Claim Twelve against the School Defendants, in their individual capacities, is DISMISSED.