Williams v. Aurora, City of et al

Filing 46

ORDER Denying 38 Motion to Amend Complaint, signed by Judge Richard P. Matsch on 12/29/2009.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 09-cv-00121-RPM DUANE WILLIAMS, Plaintiff, v. CITY OF AURORA, MICHAEL MINISINI, and DOUGLAS WILKINSON, Defendants, ORDER DENYING PLAINTIFF'S MOTION TO AMEND COMPLAINT On November 30, 2009, the plaintiff filed a Motion to Amend Complaint, seeking to add a claim for exemplary damages. In this court, exemplary damages may be awarded based upon the evidence without a formal amended complaint. No exemplary damages may be awarded against the City of Aurora under 42 U.S.C. 1983. Because an amended complaint is not necessary in this case, it is ORDERED that the plaintiff's Motion to Amend Complaint is denied. Dated: December 29th, 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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