Meints v. Hronick et al
ORDER re 12 DISMISSING SHERIFF TED MINK IN HIS OFFICIAL CAPACITY. This civil action is dismissed as to the defendant Sheriff Ted Mink, by Judge Richard P. Matsch on 1/27/2012.(rpmcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-02186-RPM
PAUL C. BROOKS,
ROD WILLIAMS, and
TED MINK, in his official capacity as Sheriff of the County of Jefferson,
ORDER DISMISSING SHERIFF TED MINK IN HIS OFFICIAL CAPACITY
On December 5, 2011, the Defendant Sheriff Ted Mink in his official capacity
filed a motion to dismiss the plaintiff’s claims against him in his official capacity for the
failure of the plaintiff to set forth in the amended complaint sufficient facts to support a
claim of liability for an official policy or custom violating the plaintiff’s constitutionally
protected interests. The plaintiff responded on December 29, 2011, contending that the
allegations of misconduct in other cases against sheriff deputies in Jefferson County
demonstrate a lack of training with respect to determining probable cause for an arrest.
The defendant Sheriff filed his reply on January 12, 2012.
The claims in this case relate to circumstances involving a court protection order
and a confrontation between the plaintiff and her ex husband at their child’s school. The
operative facts are different from those allegations in the complaint about other conduct
said to be in violation of the Fourth Amendment to the Constitution by arrests and
seizures without probable cause. The allegations of the complaint are not sufficient to
support a claim of institutional liability against the Sheriff and it is therefore
ORDERED that this civil action is dismissed as to the defendant Sheriff Ted
DATED: January 27th, 2011
BY THE COURT:
s/Richard P. Matsch
Richard P. Matsch, Senior Judge
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