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

Case 1:03-cv-02328-RPM-CBS

Document 56

Filed 11/04/2005

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 03-cv-2328-RPM-OES GREG JOSEPH GONZALES, by and through his next friend, JUNE BRAVO Plaintiffs, v.

OFFICER BRETT C. TITUS, in his official and personal capacity, and CITY AND COUNTY OF DENVER, Defendants.

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Defendant, OFFICER BRETT C. TITUS, by his attorneys, ERIC M. ZIPORIN of the law firm of SENTER GOLDFARB & RICE, L.L.C., and DAVID BRUNO of the law firm of BRUNO BRUNO & COLIN, P.C., and pursuant to Fed.R.Civ.P. 56, hereby moves the Court for an order granting his Motion for Summary Judgment. AND IN SUPPORT THEREOF, Defendant states as follows: · Defendant Officer Brett C. Titus (hereinafter "Titus") is entitled to qualified immunity on each of Plaintiff's claims pursuant to 42 U.S.C. § 1983, to include his claims under the Fourth Amendment (to include the allegations of lack of reasonable suspicion for an investigatory stop, lack of probable cause for an arrest, and excessive force), Sixth Amendment, and Eighth Amendment of the United States Constitution.

Case 1:03-cv-02328-RPM-CBS

Document 56

Filed 11/04/2005

Page 2 of 3

The facts and authorities supporting Titus' Motion are more fully set forth in Defendant's Memorandum Brief in Support of Motion for Summary Judgment filed contemporaneously herewith. WHEREFORE, Titus respectfully requests that this Court enter orders as follows: (a) Granting judgment in favor of Titus and against Plaintiff on Plaintiff's claims pursuant to 42 U.S.C. § 1983; (b) Granting judgment in favor of Titus and against Plaintiff for Titus' costs and reasonable attorney's fees; and (c) Granting Titus such further and additional relief as the Court deems just and proper.

Respectfully submitted,

By: s/ Eric M. Ziporin Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE, L.L.C. Attorney for Defendant Titus 1700 Broadway, Suite 1700 Denver CO 80290 Telephone: 303-320-0509 Facsimile: 303-320-0210 -andDavid Bruno, Esq. BRUNO, BRUNO & COLIN, P.C. Attorney for Defendant Titus 1560 Broadway, Ste. 1099 Denver, CO 80202-5143 Telephone: 303-831-1099

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Case 1:03-cv-02328-RPM-CBS

Document 56

Filed 11/04/2005

Page 3 of 3

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4th day of November, 2005, I electronically filed a true and correct copy of the above and foregoing DEFENDANT'S MOTION FOR SUMMARY JUDGMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Brian DeBauche, Esq. Brian DeBauche & Associates, L.L.C. 401 Kalamath Street Denver, CO 80204 Thomas Bigler Assistant City Attorney Office of the City Attorney 201 W. Colfax Ave., Dept. 1108 Denver, CO 80202

s/ Barbara Ortell E-mail: [email protected] Secretary for Attorney Eric M. Ziporin

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00201962.DOC