Williams v. Aurora, City of et al
ORDER Denying 38 Motion to Amend Complaint, signed by Judge Richard P. Matsch on 12/29/2009.(rpmcd)
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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