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

Case 1:04-cv-00687-PSF-BNB

Document 89

Filed 05/01/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0687-PSF-BNB MARY JO LAIRD, Plaintiff, v. GUNNISON COUNTY, a County of the State of Colorado, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DeVORE, and PEGGY MARTIN, in their individual capacities, Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Defendants, GUNNISON COUNTY, a County of the State of Colorado, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DeVORE, and PEGGY MARTIN, by their attorney, ERIC M. ZIPORIN, ESQ. and pursuant to Fed.R.Civ.P. 56, hereby move the Court for an order granting their Motion for Summary Judgment. AND IN SUPPORT THEREOF, Defendants state that, under the undisputed material facts and applicable law, Plaintiff's claims fail for the following reasons:

Case 1:04-cv-00687-PSF-BNB

Document 89

Filed 05/01/2006

Page 2 of 4

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Plaintiff's claims pursuant to 42 U.S.C. § 1983 against Defendants John DeVore and Peggy Martin alleging a violation of her due process rights should be dismissed as a matter of law as each Defendant is entitled to qualified immunity;

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Plaintiff's claims pursuant to 42 U.S.C. § 1985 against Defendants John DeVore and Peggy Martin alleging a conspiracy to violate her due process rights should be dismissed as a matter of law as each Defendant is entitled to qualified immunity;

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Plaintiff's claims pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 1985 against Defendants Gunnison County and the Board of Trustees for the Gunnison County Public Library should be dismissed as a matter of law;

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Plaintiff's claims pursuant to Article II, Section 25 of the Colorado Constitution should be dismissed as a matter of law as there does not exist an implied cause of action under the Colorado Constitution;

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Plaintiff's willful breach of contract/express covenant of good faith and fair dealing claim should be dismissed as a matter of law as Plaintiff did not have an express contract of employment nor did the Gunnison County Personnel Policies create an implied contract; and

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Plaintiff's promissory estoppel claim should be dismissed as a matter of law as the Gunnison County Personnel Policies did not make any promise to Plaintiff of an appeal upon being laid off, nor did Plaintiff rely upon any alleged promise therein to her detriment.

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Case 1:04-cv-00687-PSF-BNB

Document 89

Filed 05/01/2006

Page 3 of 4

The facts and legal authorities supporting Defendants' Motion for Summary Judgment are more fully set forth in Defendants' Memorandum Brief in Support of Motion for Summary Judgment filed contemporaneously herewith. WHEREFORE, Defendants respectfully request that this Court enter orders as follows: (a) Granting summary judgment in favor of Defendants on all of Plaintiff's claims for relief; (b) Granting judgment in favor of Defendants 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/ Eric M. Ziporin Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: 303-320-0509 Facsimile: 303-320-0210 [email protected] Attorney for Defendants

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Case 1:04-cv-00687-PSF-BNB

Document 89

Filed 05/01/2006

Page 4 of 4

CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 1st day of May, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' MOTION FOR SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Nathan Davidovich, Esq. [email protected] Ronald H. Nemirow, Esq. [email protected]

s/ McKenna E. Reich

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00221853