Cacioppo v. Town of Vail, Colorado et al

Filing 74

ORDER for Summary Judgment Dismissing Town of Vail, Colorado by Judge Richard P. Matsch on 12/13/11. (jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 09-cv-02311-RPM
MICHAEL CACIOPPO,
Plaintiff,
v.
TOWN OF VAIL, COLORADO and
DARREN ANDERSON,
Defendants.

ORDER FOR SUMMARY JUDGMENT DISMISSING TOWN OF VAIL, COLORADO

Pursuant to the hearing held today on the motion for summary judgment filed by
the Town of Vail, Colorado, seeking dismissal of the third claim for relief in the second
amended complaint and after the Court’s oral review of the undisputed facts and the
stated ruling that the records shown by the papers filed does not support a fair inference
supporting municipal liability for the claim that the hiring of Darren Anderson as a police
officer showed deliberate indifference to a known risk; that his conduct toward the
plaintiff resulted from a failure of proper training and that the stated approval of
Anderson’s conduct by the Police Chief was based on inadequate information and does
not constitute ratification, it is now
ORDERED that the motion is granted and judgment will enter dismissing the
Town of Vail, Colorado, as a defendant.
Dated: December 13th, 2011
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge