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

Filing 34

ORDER DENYING 32 Motion to Amend 29 Judgment, by Judge Richard P. Matsch on 7/18/2012. 33 moot.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-00353-RPM
LARA ROOSEVELT-HENNIX,
Plaintiff,
v.
OFFICER SHANE PRICKETT,
Defendant.

ORDER DENYING MOTION TO AMEND JUDGMENT

On June 26, 2012, the defendant Shane Prickett filed a Combined Motion and
Memorandum Brief in Support of Motion to Amend Judgment, asserting that this Court failed to
address the defendant’s qualified immunity defense. There is clearly established law that a
police officer violates the Fourth Amendment when he uses excessive force against a person in
his custody and the test is what a reasonable police officer would do under the same
circumstances. In this case, there is a factual dispute concerning the conduct of the plaintiff and
the reasonableness of the use of force against her, including the use of the Taser device. It is
therefore
ORDERED that the motion is denied.
Dated: July 18th, 2012
BY THE COURT:

s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge