Berube v. Mike Ensminger, et al

Filing 44

ORDER Denying 34 Motion for Partial Judgment on the Pleadings or Alternatively Summary Judgment by the Defendant Sheriff Mike Ensminger re 35 denied, by Judge Richard P. Matsch on 1/8/2014.(rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00950-RPM
KIMBERLY BERUBE,
Plaintiff,
vs.
SHERIFF MIKE ENSMINGER, in his official capacity as Sheriff of the County of Teller,
Colorado; and
NICKLOS PINELL,
Defendants.

ORDER DENYING MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS OR
ALTERNATIVELY SUMMARY JUDGMENT BY THE DEFENDANT SHERIFF MIKE
ENSMINGER

The plaintiff’s allegations concerning continual sexual misconduct by the Sheriff’s
employees are sufficient to show that there was a pervasive atmosphere of sexual misconduct
affecting the plaintiff within the two years preceding the filing of the complaint and it is therefore
ORDERED that Sheriff Ensminger’s joinder in the motion filed by Nicklos Pinell is
denied.
Dated: January 8th, 2014
BY THE COURT:

.

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