Ulibarri et al v. Denver, Colorado, The City and County of et al

Filing 281

ORDER granting 278 Unopposed Motion to Dismiss Official Capacity Claims. Claims 1 and 2, as asserted against Defendants Alvin LaCabe, William Lovingier, Ron D. Foos, Gary Wilson, and Gerald Whitman in their official capacities, are dismissed. These claims remain pending against Defendant the City and County of Denver, by Judge Walker D. Miller on 12/7/10.(ebs, )

Ulibarri et al v. Denver, Colorado, The City and County of et al

Doc. 281

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE WALKER D. MILLER Civil Action No. 07-cv-01814-WDM-MJW DEBBIE ULIBARRI; ESTATE OF SHAWN FRANCISCO VIGIL; COLORADO CROSS-DISABILITY COALITION, a Colorado corporation; COLORADO ASSOCIATION OF THE DEAF, a Colorado corporation; ROGER KREBS; and SARAH BURKE, Plaintiffs, v. CITY & COUNTY OF DENVER; ALVIN LACABE, in his official capacity as Manager of Public Safety for the City & County of Denver; WILLIAM LOVINGIER, in his official capacity as Director of Corrections and Undersheriff for the City & County of Denver; RON D. FOOS, in his official capacity as Division Chief for the County Jail Division for the City & County of Denver; GARY WILSON, in his official capacity as Division Chief for the Pre-Arraignment Detention Facility Division; and GERALD R. WHITMAN, in his official capacity as Chief of Police, Defendants. ORDER ON MOTION TO DISMISS OFFICIAL CAPACITY CLAIMS Miller, J. This case is before me on the Unopposed Motion to Dismiss Official Capacity Claims (ECF No. 278). Defendants seek to dismiss the official capacity claims against Defendants Alvin LaCabe, William Lovingier, Ron D. Foos, Gary Wilson, and Gerald Whitman. On September 39, 2010, I entered an order (ECF No. 265) granting partial summary judgment in favor of Defendants and against Plaintiffs; the order included dismissal of the claims against the individual defendants in their individual capacities. As a result, the only claims

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remaining against the individuals are official capacity claims under the Americans with Disabilities Act and the Rehabilitation Act (Claims 1 and 2). Claims against a government employee in his official capacity are essentially an action against the entity that employs him--here, the City and County of Denver. Pietrowski v. Town of Dibble, 134 F.3d 1006, 1009 (10th Cir. 1998) (citing Kentucky v. Graham, 473 U.S. 159, 165-66 (1985)). Because Denver remains as a defendant in this matter, the official capacity claims are duplicative and, at the parties' request, will be dismissed. Accordingly, it is ordered: 1. The Unopposed Motion to Dismiss Official Capacity Claims (ECF No. 278) is granted. Claims 1 and 2, as asserted against Defendants Alvin LaCabe, William Lovingier, Ron D. Foos, Gary Wilson, and Gerald Whitman in their official capacities, are dismissed. These claims remain pending against Defendant the City and County of Denver. DATED at Denver, Colorado, on December 7, 2010. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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