Lobozzo v. Colorado Department of Corrections et al

Filing 26

ORDER granting 15 Motion to Dismiss from Defendants Zavaras, Jones, Golder, Reid and Abbott. ORDERED that the motion is granted to the extent that the claims made in the complaint are claims against these named defendants individually, under 42 U.S.C. § 1983 and do not constitute claims against them in their official capacities or claims against the State of Colorado. Signed by Judge Richard P. Matsch on 01/22/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-01829-RPM-MJW LAURA LOBOZZO, Plaintiff, v. THE COLORADO DEPARTMENT OF CORRECTIONS, LA VISTA CORRECTIONAL FACILITY, ARISTEDES W. ZAVARAS, Individually and in his capacity as Director of the Colorado Department of Corrections, SUSAN JONES, Individually and in her capacity as Warden of La Vista Correctional Facility, GARY GOLDER, Individually and in his capacity as an administrator of the Colorado Department of Corrections, LARRY REID, Individually and in his capacity as Warden of La Vista Correctional Facility, JAMES E. ABBOTT, Individually and in his capacity as an administrator of the Colorado Department of Corrections, ANTHONY MARTINEZ, JOHN DOES I-X, and JANE DOES I-X, Defendants. ORDER ON PARTIAL MOTION TO DISMISS FROM DEFENDANTS ZAVARAS, JONES, GOLDER, REID AND ABBOTT Upon review of the complaint, the partial motion to dismiss from defendants Zavaras, Jones, Golder, Reid and Abbott, filed December 5, 2008 and the plaintiff's response, filed January 20, 2009, it is ORDERED that the motion is granted to the extent that the claims made in the complaint are claims against these named defendants individually, under 42 U.S.C. § 1983 and do not constitute claims against them in their official capacities or claims against the State of Colorado. Dated: January 22, 2009 BY THE COURT: s/Richard P. Matsch

Richard P. Matsch, Senior District Judge