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

Case 1:04-cv-00701-LTB-MJW

Document 52

Filed 02/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00701-LTB-MJW NICOLAS MEDRANO, Plaintiff, v. KARL SCHERCK, Defendant. ______________________________________________________________________________ MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Defendant, KARL SCHERCK, by his attorneys, THOMAS S. RICE and GILLIAN M. FAHLSING, of the law firm SENTER GOLDFARB & RICE, L.L.C., and pursuant to Fed.R.Civ.P. 56, hereby moves the Court for an Order granting summary judgment in his favor. AND IN SUPPORT THEREOF, Defendant states that, under the undisputed facts and applicable law, Plaintiff' claims fail for the following reasons: s ? Defendant is entitled to qualified immunity as Plaintiff cannot meet his two-part burden of demonstrating that Defendant violated a constitutional or statutory right, and that the right was clearly established such that Defendant would know his conduct violated that right. ? Plaintiff cannot show Defendant intended to interfere with Plaintiff' relationship with s the decedent, Sergio Medrano, and, accordingly, his claim for deprivation of his right to familial association under 42 U.S.C. § 1983 must fail.

Case 1:04-cv-00701-LTB-MJW

Document 52

Filed 02/28/2006

Page 2 of 3

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Plaintiff has neither established an estate in this matter nor is he a personal representative of the deceased' estate and, therefore, he may not recover damages on behalf of the s deceased. Even if an estate was established and Plaintiff was appointed personal

representative of same, there are no damages to which the estate is entitled. The facts and legal authorities supporting Defendant' motion are more fully set forth in s Defendant' Memorandum Brief in Support of Motion for Summary Judgment filed s contemporaneously herewith. WHEREFORE, Defendant respectfully requests that this Court enter orders as follows: (a) (b) Granting summary judgment in favor of Defendant and against Plaintiff; Granting judgment in favor of Defendant and against Plaintiff for costs and attorney fees; and (c) Such further and additional relief as the Court deems just and proper. Respectfully submitted,

s/ Gillian M. Fahlsing Gillian M. Fahlsing Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 Facsimile: (303) 320-0210 E-mail: [email protected] Counsel for Defendant

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Case 1:04-cv-00701-LTB-MJW

Document 52

Filed 02/28/2006

Page 3 of 3

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 28th day of February, 2006, a true and correct copy of the above and foregoing MOTION FOR SUMMARY JUDGMENT was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following email addresses: William D. Meyer, Esq. [email protected] David J. Bruno, Esq. [email protected] s/ Kathleen Bertz Kathleen Bertz

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