Opinion
Civil Action No. 12-cv-00588-RBJ
04-29-2013
LEO J. HARRIS, Plaintiff, v. DEPUTY PAULA DENT, individually and in her official capacity as a Rio Blanco County deputy sheriff, SERGEANT ADAM WADE, ndividually and in his official capacity as a Rio Blanco County deputy sheriff, UNDERSHERIFF MICHAEL JOOS, individually and in his official capacity as a Rio Blanco County undersheriff, OFFICER JAMES AMICK, individually and in his official capacity as a Meeker police officer, BOARD OF COMMISSIONERS OF RIO BLANCO COUNTY, SHERIFF S.I. WOODRUFF, individually and in his official and supervisory capacity as Sheriff of Rio Blanco County, THE RIO BLANCO COUNTY SHERIFF' S OFFICE, a Colorado governmental entity, THE TOWN OF MEEKER, a Colorado governmental entity, THE MEEKER POLICE DEPARTMENT, a Colorado governmental entity, POLICE CHIEF BOB HERVEY, individually and in his official and supervisory capacity as police chief of the Meeker Police Department, Defendants.
Edward LaBarre Jeffrey Driscoll Jennifer Kemp
JUDGE R. BROOKE JACKSON
Courtroom Deputy: Emily Seamon
Court Reporter: Kara Spitler
Counsel:
Edward LaBarre
Jeffrey Driscoll
Jennifer Kemp
COURTROOM MINUTES
ORAL ARGUMENT
8:00 a.m. Court in session.
Appearances of counsel.
8:01 a.m. Statement by Ms. Kemp as to which claims against her clients survive and which claims get dismissed.
8:03 a.m. Response by Mr. LaBarre.
8:07 a.m. Statement by Mr. Driscoll as to which claims against his clients survive and which claims get dismissed.
8:11 a.m. Response by Mr. LaBarre.
8:12 a.m. Further argument by Mr. Driscoll.
8:19 a.m. Response by Mr. LaBarre.
8:25 a.m. Rebuttal by Mr. Driscoll.
8:27 a.m. Court in recess.
8:49 a.m. Court in session.
For the reasons and findings as stated on the record, it is;
ORDERED: Defendants' Partial Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) & 12(b)(6) [Doc. No. 17, filed September 4, 2012] is GRANTED.
ORDERED: County Defendants' Motion to Dismiss [Doc. No. 18, filed September 14, 2012] is GRANTED WITHOUT PREJUDICE, with leave to amend.
ORDERED: Plaintiff shall file an amended complaint with respect to the defendants and claims which have survived on or before May 20, 2013.
9:04 a.m. Court in recess.
Hearing concluded.
Total time: 00:42