Marks v. Colorado Department of Corrections et al

Filing 40

ORDER that the claims of individual liability of Defendants Susan Keller,Kristin Heath and Rick Raemisch in the fourth and fifth claims for relief in the complaint and first amended complaint are dismissed based on qualified immunity. by Judge Richard P. Matsch on 1/8/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-01577-RPM
NANCY MARKS,
Plaintiff,
v.
COLORADO DEPARTMENT OF CORRECTIONS;
JEFFERSON COUNTY BOARD OF COMMISSIONERS;
INTERVENTION, INC.;
SUSAN KELLER, Community Parole Officer, Colorado Department of Correction,
in her individual and official capacities;
KRISTIN HEATH, Program Director, Intervention Community Corrections Services,
in her individual and official capacities; and
RICK RAEMISCH, Executive Director Colorado Department of Corrections,
in his individual and official capacities,
Defendants.
_____________________________________________________________________
ORDER DISMISSING INDIVIDUAL CLAIMS AGAINST DEFENDANTS SUSAN
KELLER, KRISTIN HEATH AND RICK RAEMISCH
_____________________________________________________________________
This civil action was initiated by a complaint filed on June 4, 2014. [Doc. 1]. An
amended complaint was filed on January 7, 2015. In both of these pleadings, the
plaintiff has asserted individual liability against defendants Kristin Heath, an employee of
Intervention Community Corrections Services; Susan Keller, the Community Parole
Officer, Colorado Department of Corrections, and Rick Raemisch, Executive Director,
Colorado Department of Corrections. The individual liability is asserted in the claims of
constitutional violations in the fourth and fifth claims for relief.
Defendants Keller and Raemisch were included in the CDOC defendants’ motion
to dismiss the complaint, filed September 15, 2014. [Doc. 19]. In that motion, qualified

immunity has been asserted, alleging the failure to identify clearly established law of
which these defendants should have been aware. Defendant Heath has not specifically
asserted that defense.
In the plaintiff’s response to the CDOC defendants’ motion to dismiss, the plaintiff
has not identified any clearly established law of which these individual defendants
should have been aware. Although Defendant Heath has not formally asserted qualified
immunity, the claims could be dismissed against her on the same basis. It is now
ORDERED that the claims of individual liability of Defendants Susan Keller,
Kristin Heath and Rick Raemisch in the fourth and fifth claims for relief in the complaint
and first amended complaint are dismissed based on qualified immunity.
DATED: January 8th , 2015
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge

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