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

Case 1:04-cv-01107-REB-CBS

Document 42

Filed 01/31/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 04-cv-1107-REB-CBS ELIZABETH MEDINA, Individually as mother of and as Personal Representative of the Estate of LUCAS de HERRERA, and, MARGARITO de HERRERA, Individually as father of LUCAS de HERRERA, Plaintiffs, vs. BOARD OF COUNTY COMMISSIONERS, ALAMOSA COUNTY, COLORADO, in both their individual capacities; SHERIFF DAVID STONG, in his individual capacity; UNDERSHERIFF JOHN BIANCA, in his individual capacity; SGT. RON GOODMAN, in his individual capacity; FORMER DEPUTY RICK MARTINEZ, in his individual capacity; DEPUTY LISA BENEVIDEZ, in her individual capacity; CORPORAL GARY THOMAS, in his individual capacity. Defendants.

MOTION FOR SUMMARY JUDGMENT

Defendants, BOARD OF COUNTY COMMISSIONERS OF ALAMOSA COUNTY, SHERIFF DAVID STONG, UNDERSHERIFF JOHN BIANCA, SGT. RON GOODMAN, RICK MARTINEZ, DEPUTY LISA BENEVIDEZ and CORPORAL GARY THOMAS, by and through their attorneys, Jonathan A. Cross, and Sean J. Lane of Cross & Liechty, P.C., respectfully move this Court pursuant to C.R.C.P. 56(c) for Summary Judgment in their favor, dismissing Plaintiffs' claims with prejudice. In support of this Motion, Defendants incorporate the arguments and authorities set forth in their Brief in Support of Motion for Summary Judgment.

Case 1:04-cv-01107-REB-CBS

Document 42

Filed 01/31/2006

Page 2 of 2

WHEREFORE, Defendants respectfully pray for the following relief: (1) that all Plaintiffs' claims be dismissed, with prejudice; (2) for costs; and, (3) for such other relief as the Court deems appropriate in the premises. Respectfully submitted this 31st day of January, 2006.

By:

s/ Sean J. Lane Jonathan A. Cross Sean J. Lane CROSS & LIECHTY, P.C. 400 So. Colorado Blvd., Suite 900 Denver, Colorado 80246 Tel: (303) 333-4122 Email: [email protected] ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE I hereby certify that on this January 31, 2006, a true and correct copy of the above and foregoing MOTION FOR SUMMARY JUDGMENT was, unless otherwise indicated, filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: David A. Lane, Esq. Marcel Krzystek, Esq. KILLMER, LANE & NEWMAN, LLP 1543 Champa Street, Suite 400 Denver, Colorado 80202 (Via Electronic Filing) Stefani Goldin, Esq. STEFANI GOLDIN LLC 125 S. Howe Street, Suite 890 Fort Collins, Colorado 80521 (Via Electronic Filing)

s/

Linda L. DeVico

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