Zito v. Kay et al
Filing
24
Courtroom Minutes for Motion Hearing held on 3/26/2014 before Judge Richard P. Matsch. ORDERED: Defendants' Motion to Dismiss Amended Complaint is granted with respect to the second claim for relief. Cannabis plants are contraband under U.S. law. Defendants' Motion to Dismiss Amended Complaint is denied with respect to the first claim for relief (Fourth and Fourteenth Amendments). Defendants' Motion to Dismiss Amended Complaint 15 , is granted with respect to the third claim for relief. FTR: K. Terasaki. (jsmit)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
March 26, 2014
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 13-cv-02180-RPM
CURTIS ZITO,
Lonn Heymann
Plaintiff,
v.
BRUCE KAY,
CHRISTOPHER SCHOTTS,
BRIAN MUDLOFF,
JOHN SAMPSON,
ANDREW HOWARD, and
CITY AND COUNTY OF DENVER,
Scott J. Bowman
Jessica R. Allen
Defendants.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Hearing on Motion to Dismiss
2:00 p.m.
Court in session.
Court’s preliminary remarks and statements regarding the case claims.
ORDERED:
Defendants’ Motion to Dismiss Amended Complaint is granted with respect to the
second claim for relief. Cannabis plants are contraband under U.S. law.
Mr. Heymann states plaintiff is not claiming an unlawful arrest because the arrest was based on
outstanding warrants unrelated to the incidences alleged in the Amended Complaint.
Argument by Mr. Bowman.
ORDERED:
Defendants’ Motion to Dismiss Amended Complaint is denied with respect to the
first claim for relief (Fourth and Fourteenth Amendments).
Argument by Mr. Heymann.
ORDERED:
Defendants’ Motion to Dismiss Amended Complaint [15], is granted with respect to
the third claim for relief.
Defendants’ shall file answer(s) pursuant to the rules.
2:15 p.m.
Court in recess.
Hearing concluded. Total time: 15 min.
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