Keough v. Packard et al

Filing 51

ORDER ADOPTING 50 RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants' 29 Motion to Dismiss is GRANTED. Plaintiff's claims are DISMISSED WITH PREJUDICE. By Judge Robert E. Blackburn on 9/15/2014.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-02485-REB-KLM
CHRISTOPHER KEOUGH,
Plaintiff,
v.
BENITA PACKARD, Sgt., and
THE CITY AND COUNTY OF DENVER, COLORADO,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#50],1 filed August 25, 2014. No objections having been filed to the
recommendation, I review it only for plain error. See Morales-Fernandez v.
Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).
Finding no error, much less plain error, in the magistrate judge’s recommended
disposition, I find and conclude that recommendation should be approved and adopted.
As detailed in the magistrate judge’s thorough analysis, the allegations of the Amended
Complaint are patently insufficient to state plausible claims for violation of plaintiff’s First
or Fourth Amendment rights against defendant Benita Packard. She therefore is
entitled to qualified immunity. Moreover, in the absence of any viable constitutional
1

“[#50]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

claim against Sergeant Packard, plaintiff’s municipal liability against the City cannot
survive. Defendants’ motion to dismiss therefore must be granted and plaintiff’s claims
dismissed.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#50], filed
August 25, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That Defendants’ Motion To Dismiss [#29], filed November 25, 2013, is
GRANTED;
3. That plaintiff’s claims are DISMISSED WITH PREJUDICE;
4. That the combined Trial Preparation Conference and Final Pretrial
Conference set Friday, September 19, 2014, at 1:00 p.m., and the trial set to
commence Monday, October 6, 2014, are VACATED; and
5. That judgment with prejudice SHALL ENTER on behalf of defendants, Sgt.
Benita Packard and The City and County of Denver, against plaintiff, Christopher
Keough, on all claims for relief and causes of action asserted in this action.
Dated September 15, 2014, at Denver, Colorado.
BY THE COURT:

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