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

Case 1:04-cv-01275-OES-PAC

Document 59

Filed 11/30/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01275-OES-PAC ______________________________________________________________________________ CRAIG D. SYRIE, Plaintiff, v. MAYOR ED TAUER, COUNTY, CITY COMMISSIONERS ­ JOHN AND JANE DOES, AURORA POLICE CHIEF ­ JOHN AND JANE DOE SERGEANT GRAHAM, OFFICER HIRTLE, OFFICER ZIUS, and OFFICER SLOAN, Defendants. ______________________________________________________________________________ MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________

Defendants, Mayor Ed Tauer, Aurora Police Chief, Sergeant Graham, and Officers Hirtle, Zius and Sloan, by their attorney, Julia A. Bannon, and pursuant to F.R.C.P. Rule 56, hereby submit their Motion for Summary Judgment and as grounds therefore state as follows: 1. Plaintiff's claims against the City of Aurora, Mayor Ed Tauer, and Aurora Police

Chief are barred because Plaintiff cannot establish that Aurora Police Department officers violated a constitutional or statutory right and by the holding of Monell v. Department of Social Services, 436 U.S. 658, 691 (1978), in that Plaintiff cannot establish a custom or policy of illegal searches within the Aurora Police Department.

Case 1:04-cv-01275-OES-PAC

Document 59

Filed 11/30/2005

Page 2 of 2

2.

Plaintiff's claims against the individual officers in their individual capacities are

barred by the doctrine of qualified immunity.

WHEREFORE, Defendants respectfully seek an Order of the Court granting summary judgment as to all of Plaintiff's claims and such other and further relief as the Court deems proper. Dated: November 30, 2005. Respectfully submitted,

s/ Julia A. Bannon___________________ Julia A. Bannon Office of the City Attorney Aurora Municipal Center, Suite 5300 15151 East Alameda Parkway Aurora, Colorado 80012 Telephone: (303) 739-7030 Facsimile: (303) 739-7042 E-mail: [email protected] ATTORNEY FOR DEFENDANT CITY OF AURORA

CERTIFICATE OF SERVICE I hereby certify that on November 30, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system and I hereby certify that I have mailed the Motion for Summary Judgment to the following non CM/ECF participant: Craig D. Syrie Reg. No. 64393 Trinidad Correctional Facility P. O. Box 2000 Trinidad, CO 81082

s/ Cindy Selden
F:\Dept\City Attorney\CA\JULIE\Syrie\m4sj.doc

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