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)

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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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