Torres v. Fender et al

Filing 35

ORDER granting 34 Stipulated Motion To Dismiss Certain Claims With Prejudice. IT IS FURTHER ORDERED that the City of Commerce City is to be DISMISSED WITH PREJUDICE as a party to the above-captioned action.Denying as moot 32 Defendants Motion for Summary Judgment; by Judge Christine M. Arguello on 5/18/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 10-cv-01793-CMA-KLM
FRANCISCO TORRES,
Plaintiff,
v.
COMMERCE CITY POLICE OFFICER NICHOLAS LANGDON,
COMMERCE CITY POLICE OFFICER MICHAEL KIM, and
CITY OF COMMERCE CITY, Jointly and Severally,
Defendants.

ORDER DISMISSING CERTAIN CLAIMS WITH PREJUDICE

The parties’ Stipulated Motion To Dismiss Certain Claims With Prejudice (Doc.
# 34) is GRANTED. It is
ORDERED that, pursuant to the Stipulated Motion, the following claims are
hereby DISMISSED WITH PREJUDICE, each party to bear his or its own costs and
attorney’s fees with respect to these claims:
1)

Monell claim against the City of Commerce City;

2)

Fifth and Fourteenth Amendment claims against Defendant Officers
Langdon and Kim;

3)

Constitutional failure to properly train and supervise against the City
of Commerce City; and

4)

Refusing or neglecting to prevent (including conspiracy) against Defendant
Officers Langdon and Kim.

The only claims remaining in this case are the Fourth Amendment excessive force
claims against Defendant Officers Langdon and Kim as contained in Plaintiff’s Second
Claim for Relief.
IT IS FURTHER ORDERED that the City of Commerce City is to be DISMISSED
WITH PREJUDICE as a party to the above-captioned action. The caption on all
subsequent filings shall reflect the removal of the City of Commerce City as a Defendant
in this case.
IT IS FURTHER ORDERED that because this Order addresses all issues
asserted by Defendants in their Combined Motion and Memorandum Brief In Support
of Motion for Partial Summary Judgment (Doc. # 32), said Motion is hereby DENIED
AS MOOT.
DATED: May

18

, 2011
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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