Sperry et al v. Lane et al

Filing 27

ORDER Dismissing Defendants Clifton Porter, Barbara Graham and Bradley Petroleum, Inc re: 7 by Judge Richard P. Matsch on 03/03/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 10-cv-03171-RPM TODD SPERRY and LINDA (TETTER) SPERRY, individually and as the parents and guardians of J.S. and L.S., Plaintiffs, v. TONY LANE, individually, and in his official capacity as Chief of the Castle Rock Police Department, TY PETERSEN, individually, and in his official capacity as corporal with the Castle Rock Police Department, JASON T. MAES, individually, and official capacity a sergeant of the Castle Rock Police Department, GEORGE ELDER, individually, and official capacity as an officer with the Castle Rock Police Department, BRANDON LEFEVRE, individually, and official capacity as an officer with the Castle Rock Police Department, TROY STEMBLE, individually, and official capacity as an officer with the Castle Rock Police Department, UNKOWN OFFICERS OF THE CASTLE ROCK POLICE DEPARTMENT, individually, and official capacity as an officer with the Castle Rock Police Department, CITY OF CASTLE ROCK, COLORADO, a municipality, CLIFTON PORTER, individually, and as an employee of Bradley Petroleum Corporation, BARBARA GRAHAM, individually, and as an employee of Bradley Petroleum Corporation,and BRADLEY PETROLEUM, INC, d/b/a SERVICE OIL, INC., a Colorado corporation, , Defendants. ____________________________________________________________________________ ORDER DISMISSING DEFENDANTS CLIFTON PORTER, BARBARA GRAHAM AND BRADLEY PETROLEUM, INC. ____________________________________________________________________________ On February 2, 2011, Defendants Bradley Petroleum, Inc., Barbara Graham and Clifton Porter moved to dismiss the first and sixth claims for relief of the complaint under Fed.R.Civ.P. 12(c). The plaintiffs responded on February 22, 2011, and the moving defendants replied on March 1, 2011. While the motion cites Rule 12(c) it is not applicable because the pleadings have not been closed in this case. The motion is deemed a motion under Rule 12(b)(6) for the failure to state claims against these defendants upon which relief may be granted. Upon review of the allegations of the complaint, the motion should be granted because there is insufficient

factual support for a claim against these defendants under 42 U.S.C. § 1983 and for false imprisonment. According, it is ORDERED that this civil action is dismissed as to the Defendants Bradley Petroleum, Inc., Barbara Graham and Clifton Porter. DATED: March 3rd, 2011 BY THE COURT: s/Richard P. Matsch _________________________ Richard P. Matsch, Senior Judge

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