Berube v. Mike Ensminger, et al
Filing
45
ORDER DISMISSING DEFENDANT NIKLOS PINELL re 34 and 44 : this civil action is dismissed as to defendant Nicklos Pinell, 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 DISMISSING DEFENDANT NIKLOS PINELL
The defendant Nicklos Pinell moves for partial judgment on the pleadings pursuant to
Fed.R.Civ.P. 12(c) or alternatively for summary judgment pursuant to Fed.R.Civ.P. 56 on the
claim made against him individually for liability for a hostile work environment claimed by the
plaintiff under 42 U.S.C. § 1983 as a violation of the equal protection clause under the
Fourteenth Amendment. The motion is based on the two-year statute of limitations and the
briefing on the motion addresses the legal question of whether the continuing violation doctrine
applicable under Title VII of the Civil Rights Act of 1964, as amended, is equally applicable to a
constitutional tort. It is not necessary to determine that legal question because in her
allegations of sexual misconduct, the plaintiff has not asserted any action by defendant Pinell
within the two-year time limitation, which began on April 12, 2011. The plaintiff relies principally
on an incident referred to as the “cemetery incident” which occurred after April 12, 2011, the
date of the filing of this complaint. Accordingly, the plaintiff has not alleged sufficient facts to
support a claim for liability for Nicklos Pinell, individually, within the two years prior to the filing of
this complaint and it is therefore
ORDERED that this civil action is dismissed as to defendant Nicklos Pinell.
Dated: January 8th, 2014
BY THE COURT:
.
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge
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