Wojdacz v. Colorado Springs City Police Department et al.

Filing 126

ORDER OVERRULING OBJECTIONS TO AND ADOPTING 109 RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The objections contained in plaintiff's Opposed Motion for Leave To File Her Rebuttal to Recommendation of United States Magistrate Judge [11 9] are OVERRULED. City Defendants' Motion To Dismiss Amended Complaint or Quash Service 23 is GRANTED IN PART and DENIED IN PART. Defendants Colorado Springs City Police Department and Commander Brian Grady are DISMISSED as named parties to this action. By Judge Robert E. Blackburn on 2/25/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01483-REB-MEH
ELIZABETH WOJDACZ,
Plaintiff,
v.
COLORADO SPRINGS CITY POLICE DEPARTMENT,
COMMANDER BRIAN GRADY,
OFFICER JOHN IRELAND,
PATRICK MILLER,
PENROSE ST. FRANCIS HEALTHCARE,
GARY LEE NORMAN,
MICHAEL J. DUNCAN, and
CLIFF HUDSON,
Defendants.

ORDER OVERRULING OBJECTIONS TO AND ADOPTING
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the Recommendation of United States
Magistrate Judge [#109],1 filed January 3, 2013; and (2) plaintiff’s Opposed Motion
for Leave To File Her Rebuttal to Recommendation of United States Magistrate
Judge [#119], filed January 29, 2013. I grant the motion for leave to file the proposed
“rebuttal,” which I construe as an objection to the recommendation. Thus construed, I
overrule plaintiff’s objections and approve and adopt the recommendation.

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“[#109]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

Plaintiff is proceeding pro se. Thus, I have construed her pleadings more liberally
and held them to a less stringent standard than formal pleadings drafted by lawyers.
See Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 2200, 167 L.Ed.2d 1081
(2007); Andrews v. Heaton, 483 F.3d 1070, 1076 (10th Cir. 2007); Hall v. Bellmon,
935 F.2d 1106, 1110 (10th Cir. 1991) (citing Haines v. Kerner, 404 U.S. 519, 520-21, 92
S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972)).
The recommendation of the magistrate judge is well-reasoned and amply
circumstantiated. Contrastingly, the objections of the plaintiff are imponderous. Finding
no error in the recommended disposition, I find and conclude that the recommendation
should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#109], filed
January 3, 2013, is APPROVED and ADOPTED as an order of this court;
2. That the objections contained in plaintiff’s Opposed Motion for Leave To
File Her Rebuttal to Recommendation of United States Magistrate Judge [#119],
filed January 29, 2013, are OVERRULED;
3. That the City Defendants’ Motion To Dismiss Amended Complaint or
Quash Service [#23], filed August 16, 2012, is GRANTED IN PART and DENIED IN
PART, as follows:
a. That the motion is GRANTED on plaintiff’s claims under the Colorado
Organized Crime Control Act; the First Amendment; and the Fourteenth
Amendment as against defendants, the Colorado Springs City Police

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Department, Commander Brian Grady, and Officer John Ireland, and
those claims are DISMISSED WITHOUT PREJUDICE;
b. That the motion is GRANTED further on plaintiff’s claims under the
Fourth Amendment as against defendants the Colorado Springs City
Police Department and Commander Brian Grady, and those claims
likewise are DISMISSED WITHOUT PREJUDICE; and
c. That in all other respects, the motion is DENIED;
4. That at the time judgment enters, judgment SHALL ENTER as follows:
a. On behalf of defendants the Colorado Springs City Police Department,
Commander Brian Grady, and Officer John Ireland, and against plaintiff,
Elizabeth Wojdacz, as to plaintiff’s claims under the Colorado Organized
Crime Control Act; the First Amendment; and the Fourteenth Amendment;
provided, that the judgment as to these claims shall be without prejudice;
b. On behalf of defendants Colorado Springs City Police Department and
Commander Brian Grady as to plaintiff’s claims under the Fourth
Amendment; provided, that the judgment as to these claims shall be
without prejudice; and
5. That defendants the Colorado Springs City Police Department and
Commander Brian Grady are DISMISSED as named parties to this action, and the case
caption AMENDED accordingly.

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Dated February 25, 2013, at Denver, Colorado.
BY THE COURT:

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