Free Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:01-cv-02299-PSF-BNB

Document 231

Filed 09/30/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2299-PSF-BNB F. DAVID SLUSHER, Plaintiff, v. JOHN W. SUTHERS, et al., Defendants. STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Defendants Joseph McGarry, Judy Bullard, Delayne Tornowski, Richard Howard, Trevor Williams, Don Lawson, Phillis Griswould, Jim Day, Tamara Williams, Teddy Laurence, Edd C. Gillespie, John W. Suthers, Al Estep, Shane Johnson, Tom O'Brien, and John Reilly, the State Defendants, by and through their attorney, Edward T. Farry, Jr., of FARRY and RECTOR, L.L.P., hereby move for dismissal of the claims against them. The State Defendants move for Summary Judgment and dismissal of the § 1983 claims against them because: (1) plaintiff Slusher does not have serious medical condition, and thus, the claimed withholding of medication and a firm mattress from him did not, and could not, result in an excessive risk to his health; (2) state defendants did not personally participate in the alleged unconstitutional conduct; and (3) to the extent that any of their conduct is allegedly unconstitutional, they are immune under the doctrine of Qualified Immunity. The Defendants are entitled to Summary Judgment because "there is no genuine issue as

1

Case 1:01-cv-02299-PSF-BNB

Document 231

Filed 09/30/2005

Page 2 of 2

to any material fact and. . . the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). WHEREFORE, the State Defendants respectfully request that the Court dismiss the remaining claims in plaintiff's amended complaint. Respectfully submitted September 30, 2005. FARRY and RECTOR, L.L.P. s/ Edward T. Farry Edward T. Farry, Jr. #8273 Attorney for State Defendants 131 South Weber Street Colorado Springs, CO 80903 Phone Number (719) 578-2000 Facsimile Number (719) 578-1794 Original copy signed by Edward T. Farry is on file with Farry and Rector, L.L.P.

CERTIFICATE OF SERVICE I hereby certify that on September 30, 2005, a copy of the foregoing Motion for Summary Judgment as electronically filed with the Clerk of Court using CM/ECF system, which will send notification to the following, and served on each of the following at the indicated address by first class U.S. mail, postage prepaid: F. David Slusher DOC #44260 Fremont Correctional Facility P.O. Box 999 Canon City, CO 81215

Kelly R. Moss Original Copy signed by Kelly R. Moss is on file with Farry and Rector, L.L.P. 2