Guy v. Jorstad et al

Filing 65

ORDER denying 57 Petition Pursuant to 15-11-803(7)(1), by Judge Raymond P. Moore on 4/9/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Case No. 12-cv-01249-RM-KMT
KATHRYN GUY, as Mother, next of kin and executor of the estate of James Guy, deceased,
Plaintiff,
v.
NATHAN JORSTAD;
RICHARD MYERS, Chief of Police;
STEVE COX, Interim City Manager, individually and in their official capacity; and
CITY OF COLORADO SPRINGS, a Municipality,
Defendants.
______________________________________________________________________________
ORDER DENYING “PETITION PURSUANT TO 15-11-803(7)(1)” (ECF NO. 57)
______________________________________________________________________________
THIS MATTER is before the Court on Plaintiff’s Petition Pursuant to 15-11-803(7)(1)
(“Petition”) (ECF No. 57). In the Petition, Plaintiff requests the Court to determine that
respondent, i.e., Defendant Jorstad, a Colorado Springs police officer, committed a felonious
killing, as defined under C.R.S. § 15-11-803(7)(b), of James Guy, and, accordingly, the
limitation on damages under C.R.S. § 13-21-203 does not apply.
The Court has reviewed the Petition, Defendants’ Response, and the Court file. No reply
was filed. The Court has also considered the Colorado statutes and applicable federal law. After
careful consideration, the Court finds that, even assuming, arguendo, C.R.S. § 13-21-203 may
otherwise apply to an action brought under 42 U.S.C. § 1983, § 13-21-203(6) specifically
provides that the section shall not apply to a peace officer acting within the course and scope of
his employment – here, Defendant Jorstad. Accordingly, it is

ORDERED that Plaintiff’s Petition Pursuant to 15-11-803(7)(1) (ECF No. 57) is hereby
DENIED.
DATED this 9th day of April, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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