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 )

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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

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