Free Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 296

Filed 11/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 03-cv-02633-PSF-PAC (Consolidated with 04-cv-00319-PSF-PAC) LILLIAN BARTON, Plaintiff, v. CITY AND COUNTY OF DENVER, OFFICER R. BLEA, Badge No. 99006, OFFICER N. SAGEN, Badge No.96-021, OFFICER JOHN DOE, MAYOR JOHN HICKENLOOPER,in his Official capacity, WELLINGTON WEBB, as former Mayor, in his Official capacity only, GERALD R. WHITMAN, in his Official capacity as Chief of Police, City and County of Denver, J. WALLACE WORTHAM, JR., former Denver City Attorney, in his Official capacity, and CHRIS RAMSEY, former Denver Deputy City Attorney, in his Official capacity only, Defendants. Civil Action No. 04-cv-00319-PSF-PAC (Consolidated with 03-cv-02633-PSF-PAC) CITY AND COUNTY OF DENVER; RICHARD BLEA; NICK SAGAN; JOSH VASCONCELLOS; MAYOR JOHN HICKENLOOPER; WELLINGTON WEBB; GERALD R. WHITMAN; RUDY SANDOVAL; J. WALLACE WORTHAM, JR; and CHRIS RAMSEY, Defendants. _____________________________________________________________________ JUDGMENT _____________________________________________________________________

Case 1:03-cv-02633-PSF-PAC

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03-cv-02633-PSF-PAC Judgment

Pursuant to and in accordance with the Order to Consolidate signed by Judge Phillip S. Figa on March 8, 2004, incorporated herein by reference, it was ORDERED that Civil Action Nos. 03-cv-00319-PSF-PAC and 04-cv-00319-PSFPAC were consolidated. Pursuant to and in accordance with the Order on Recommendation of Magistrate Judge Dated March 21, 2006, incorporated herein by reference, it is FURTHER ORDERED that Plaintiff Lillian Barton' First Claim for Relief, to the s extent it alleges use of excessive force, against Defendants Nick Sagan, Richard Blea, and Josh Vasconcellos is DISMISSED with prejudice. It is FURTHER ORDERED that Plaintiff Lillian Barton' Second, Third, and Sixth s Claims for Relief are DISMISSED. It is FURTHER ORDERED that Plaintiff Lillian Barton' Fourth Claim for Relief s against Defendants J. Wallace Wortham, Chris Ramsey, and Josh Vasconcellos is DISMISSED with prejudice. It is FURTHER ORDERED that Plaintiff Lillian Barton' Fifth Claim for Relief against s Defendants City and County of Denver; Officer John Doe; Mayor John Hickenlooper, in his official capacity; Wellington Webb, as former Mayor, in his official capacity only; Gerald R. Whitman, in his official capacity as Chief of Police, City and Count of Denver; J. Wallace Wortham, Jr., former Denver City Attorney, in his official capacity; and Rudy Sandoval is DISMISSED. It is

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03-cv-02633-PSF-PAC Judgment

FURTHER ORDERED that Defendant City and County of Denver shall have its costs as they pertain to Plaintiff Lillian Barton' Second, Third, Fifth and Sixth Claims s for Relief by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant Mayor John Hickenlooper, in his Official capacity, shall have his costs as they pertain to Plaintiff Lillian Barton' Second, Third, s Fifth, and Sixth Claims for Relief by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant Wellington Webb, as former Mayor, in his Official capacity only, shall have his costs as they pertain to Plaintiff Lillian Barton' s Second, Third, Fifth, and Sixth Claims for Relief by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant Gerald R. Whitman, in his Official capacity as Chief of Police, City and County of Denver, shall have his costs as they pertain to Plaintiff Lillian Barton' Second, Third, Fifth, and Sixth Claims of Relief by the s filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant J. Wallace Wortham, Jr., former Denver City Attorney, in his Official capacity, shall have his costs as they pertain to Plaintiff Lillian Barton' Second, Third, Fourth, Fifth, and Sixth Claims for Relief by the filing of a s Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is 3

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03-cv-02633-PSF-PAC Judgment

FURTHER ORDERED that Defendant Chris Ramsey, former Denver Deputy City Attorney, in his Official capacity only, shall have his costs as they pertain to Plaintiff Lillian Barton' Second, Third, Fourth, Fifth, and Sixth Claims for Relief by the filing of a s Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant Rudy Sandoval shall have his costs as they pertain to Plaintiff Lillian Barton' Second, Third, Fifth, and Sixth Claims for Relief s by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant Officer R. Blea shall have his costs as they pertain to Plaintiff Lillian Barton' First Claim for Relief, to the extent it alleges use s of excessive force; Second, Third, and Sixth Claims for Relief by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant Officer N. Sagen shall have his costs as they pertain to Plaintiff Lillian Barton' First Claim for Relief, to the extent it alleges use s of excessive force; Second, Third, and Sixth Claims for Relief by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. It is FURTHER ORDERED that Defendant Officer Josh Vasconcellos shall have his costs as they pertain to Plaintiff Lillian Barton' First Claim for Relieve, to the extent it s alleges use of excessive force; Second, Third, Fourth, and Sixth Claims for Relief by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. 4

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This matter was tried on Plaintiff Lillian Barton' First Claim for Relief against s Defendants Nick Sagan, Richard Blea, and Josh Vasconcellos for false arrest; Plaintiff Lillian Barton' Fourth Claim for Relief against Defendants Richard Bela and Nick s Sagan for malicious prosecution; and Plaintiff Lillian Barton' Fifth Claim for Relief s against Defendants Nick Sagan, Richard Blea, and Josh Vasconcellos for intentional infliction of emotional distress, from November 15, 2006 through November 17, 2006, before a duly sworn jury of twelve, Judge Phillip S. Figa presiding. The trial proceeded to conclusion and the jury rendered its verdict as follows: 1. Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Richard Blea is liable on plaintiff' claim for false arrest in violation of s the Fourth Amendment? Answer: No. 2. Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Nick Sagan is liable on plaintiff' claim for false arrest in violation of the s Fourth Amendment? Answer: No. 3. Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Josh Vasconcellos is liable on plaintiff' claim for false arrest in s violation of the Fourth Amendment? Answer: No.

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5.

Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Blea is liable on plaintiff' claim for malicious prosecution in violation of s the Fourth Amendment ? Answer: No. 6. Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Sagan is liable on plaintiff' claim for malicious prosecution in violation s of the Fourth Amendment? Answer: No. 8. Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Blea is liable on plaintiff' claim for intentional infliction of emotional s distress? Answer: No. 9. Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Sagan is liable on plaintiff' claim for intentional infliction of emotional s distress? Answer: No. 10. Has Plaintiff Lillian Barton proven by a preponderance of the evidence

that Defendant Vasconcellos is liable on plaintiff' claim for intentional infliction of s emotional distress? Answer: No.

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12.

If any damages awarded on one claim are duplicative of damages awarded

on another claim, please so indicate below by checking the appropriate box, and insert below the claims as to which duplicative awards have been made. Answer: No. IT IS FURTHER ORDERED that judgment is entered in favor of Defendants Officer R. Blea, Officer N. Sagen and Josh Vasconcellos and against Plaintiff Lillian Barton. It is FURTHER ORDERED that Defendants Officer R. Blea, Officer N. Sagen and Josh Vasconcellos shall have their costs by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. FURTHER ORDERED that the Complaint and Civil Action Nos. 03-cv-02633-PSF-PAC and 04-cv-00319-PSF-PAC are DISMISSED with prejudice. DATED November 21, 2006. FOR THE COURT: Gregory C. Langham, Clerk s/Stephen P. Ehrlich By:________________________________ Stephen P. Ehrlich Chief Deputy Clerk APPROVED: s/Phillip S. Figa _____________________ Phillip S. Figa United States District Judge 7

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