Tafoya v. Falcon Fire Protection District et al

Filing 45

ORDER DISMISSING CLAIMS III AND IV OF THE COMPLAINT Claims III and IV of the Complaint are dismissed without prejudice, by Judge Richard P. Matsch on 4/27/16. (ktera)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 14-cv-03400-RPM SEAN TAFOYA, Plaintiff, v. FALCON FIRE PROTECTION DISTRICT and TRENT HARWIG, named in his individual and official capacities, Defendants. _____________________________________________________________________ ORDER DISMISSING CLAIMS III AND IV OF THE COMPLAINT _____________________________________________________________________ A legal issue has been raised by the defendants’ Motion to Amend Final Pretrial Order (Doc. 43) and the plaintiff’s opposition (Doc. 44). That is whether the Colorado Constitution can be enforced through the claims made in this civil action. The Court’s answer is no. It is therefore ORDERED that Claims III and IV of the Complaint are dismissed without prejudice. DATED: April 27, 2016 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge

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