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

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

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Filed 08/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2633-PSF-PAC LILLIAN BARTON , Plaintiff, vs. CITY AND COUNTY OF DENVER OFFICER R. BLEY, 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 GERALD R. WHITMAN, Chief of Police, City and County of Denver, in his office capacity only J. WALLACE WORTHAM, JR., former Denver City Attorney, in his official capacity only CHRIS RAMSEY, former Denver Deputy City Attorney, in his official capacity only Defendants and Case No 04-F-319 (PAC) LILLIAN BARTON, Plaintiff, vs. 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. CHRIS RAMSEY, Defendants.

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

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Filed 08/15/2005

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______________________________________________________________________________ DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendants, the CITY AND COUNTY OF DENVER (hereinafter "the City"), OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), OFFICER JOSH VASCONCELLOS, MAYOR JOHN HICKENLOOPER, WELLINGTON WEBB, GERALD R. WHITMAN, RUDY

SANDOVAL, J. WALLACE WORTHAM, JR. and CHRIS RAMSAY (incorrectly designated as "Ramsey") (hereinafter "Defendants"), by their attorneys, THOMAS S. RICE, ESQ. and SETH A. RIDER, ESQ. of the law firm of SENTER GOLDFARB & RICE, L.L.C., and pursuant to Fed.R.Civ.P. 56, hereby submit their Motion for Partial Summary Judgment. AND IN SUPPORT THEREOF, Defendants state as follows: Plaintiff's First Claim for Relief against Defendants Sagan, Blea and Vasconcellos brought pursuant to 42 U.S.C. § 1983 for legal use of excessive force should be dismissed; The entirety of Plaintiff's Second Claim for Relief brought pursuant to 42 U.S.C. § 1983 alleging malicious prosecution against Defendants Sagan, Blea, Vasconcellos, Wortham, Sandoval and Whitman should be dismissed; The entirety of Plaintiff's Third Claim for Relief alleging an unconstitutional custom in practice against Defendants Webb, Whitman, Wortham, Sandoval and Ramsay should be dismissed;

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The entirety of Plaintiff's Fourth Claim for Relief alleging the common law claim of malicious prosecution against Defendants Wortham and Ramsay should be dismissed; Plaintiff's Fifth Claim for Relief alleging the tort claim of intentional infliction of emotional damages against Defendants Wortham, Whitman, Sandoval and Ramsay should be dismissed; and The entirety of Plaintiff's Sixth Claim for Relief seeking an injunction against Defendants The City, Hickenlooper and Whitman should be dismissed. The facts and authorities supporting Defendants' motion are more fully set forth in Defendants' Memorandum Brief in Support of Motion for Partial Summary Judgment filed

contemporaneously herewith. WHEREFORE, Defendants respectfully request that this Court enter orders as follows: (a) Granting judgment in favor of these Defendants and against Plaintiff on Plaintiff's

consolidated Complaint and Jury Demand; (b) Granting judgment in favor of Defendants and against Plaintiff for Defendants'

costs and reasonable attorneys fees; and (c) proper. Granting Defendants such further and additional relief as the Court deems just and

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

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Respectfully submitted this 15th day of August, 2005.

/s/Seth A. Rider Thomas S. Rice Seth A. Rider SENTER GOLDFARB & RICE, L.L.C. Attorneys for Defendants Gerald Whitman, City and County of Denver, Officer Richard Blea, Officer Nick Sagan, Chris Ramsay, Mayor John Hickenlooper, Rudy Sandoval, Wellington Webb, J. Wallace Wortham, Jr. and Officer Josh Vasconsillas 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509

CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 15th day of August, 2005, a true and exact copy of the above and foregoing DEFENDANTS' MOTION FOR SUMMARY JUDGMENT was filed electronically with the Court via PACER and served via the U.S. mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Road Evergreen, CO 80439 _/s/Marie S. DeSanto____ Marie S. DeSanto Legal Secretary to Seth A. Rider [email protected]

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