Roosevelt-Hennix v. City of Florence, The et al

Filing 29

Courtroom Minutes for Motion Hearing held on 5/29/2012 before Judge Richard P. Matsch. ORDERED: Defendants' Motion for Summary Judgment 18 , is granted with respect to the Second Cause of Action (Excessive Force) against defendant Barr, Third Cause of Action (Deprivation of Constitutional Right) against City of Florence and Fourth Cause of Action (Assault and Vicarious Liability) against all defendants and denied with respect to the First Cause of Action (Excessive Force) against defenda nt Prickett. Defendants Barr and City of Florence are dismissed and case will proceed against defendant Prickett in his individual capacity on plaintiffs First Cause of Action. (FTR: B. Abiakam). City of Florence, The (a municipal corporation), Shane Prickett (Officer, in his official capacity), James Barr (Officer, in his official capacity) and James (I) Barr (in his individual capacity) terminated. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
May 29, 2012
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Bernique Abiakam
____________________________________________________________________________________
Civil Action No. 11-cv-00353-RPM
LARA ROOSEVELT-HENNIX,

L. Dan Rector

Plaintiff,
v.
THE CITY OF FLORENCE;
OFFICER SHANE PRICKETT, in his individual and official capacities; and
OFFICER JAMES BARR, in his individual and official capacities,

Sarah E. McClutcheon

Defendants.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Hearing on Motion for Summary Judgment
10:29 a.m.

Court in session.

Court’s preliminary remarks and states its understanding of the case facts.
Argument by Ms. McClutcheon.
Argument by Mr. Rector.
Rebuttal argument by Ms. McClutcheon.
ORDERED:

Defendants’ Motion for Summary Judgment [18], is granted with respect to the
Second Cause of Action (Excessive Force) against defendant Barr, Third Cause of
Action (Deprivation of Constitutional Right) against City of Florence and Fourth
Cause of Action (Assault and Vicarious Liability) against all defendants and denied
with respect to the First Cause of Action (Excessive Force) against defendant
Prickett. Defendants Barr and City of Florence are dismissed and case will proceed
against defendant Prickett in his individual capacity on plaintiff’s First Cause of
Action.

11:14 a.m.

Court in recess.

Hearing concluded. Total time: 45 min.