Winfield v. Denver Police Department et al

Filing 58

ORDER Dismissing the City and County of Denver and Third Claim for Relief. Ordered that the City and County of Denver is dismissed as a defendant in this civil action. ORDERED that the plaintiff's third claim for relief, alleging civil conspiracy, is dismissed as to the defendants Antonio Milow, Glen Martin and Thomas Johnston by Judge Richard P. Matsch on 12/08/09. (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-02405-RPM ERIC WINFIELD, Plaintiff, v. THE CITY AND COUNTY OF DENVER, DENVER POLICE DEPARTMENT OFFICERS ANTONIO MILOW, GLEN MARTIN and THOMAS JOHNSTON, Defendants. _____________________________________________________________________ ORDER DISMISSING THE CITY AND COUNTY OF DENVER AND THIRD CLAIM FOR RELIEF _____________________________________________________________________ The defendants filed a motion for partial summary judgment on the third claim for relief in the Third Amended complaint, filed April 16, 2009, and for dismissal of the City and County of Denver as a defendant. Upon review of the plaintiff's response, filed November 27, 2009, with attachments, the Court finds and concludes that the plaintiff has failed to show any evidentiary support for the claim of civil conspiracy among the defendants Antonio Milow, Glen Martin and Thomas Johnston and the plaintiff has confessed that the Third Amended Complaint seeks no recovery from the City and County of Denver. Accordingly, it is ORDERED that the City and County of Denver is dismissed as a defendant in this civil action and it is

FURTHER ORDERED that the plaintiff's third claim for relief, alleging civil conspiracy, is dismissed as to the defendants Antonio Milow, Glen Martin and Thomas Johnston. Dated: December 8th, 2009 BY THE COURT: s/Richard P. Matsch __________________________________ Richard P. Matsch, Senior District Judge