Furlong v. Gardner
Supreme Court of Colorado
1Opinion of the CourtJustice Mullarkey
We granted certiorari to review a court of appeals’ order dismissing for the second time an appeal taken by the petitioners. The respondent brought suit in the El Paso County District Court (the trial court) against the petitioners, two officials at the Limón Correctional Facility (LCF), alleging that the petitioners violated 42 U.S.C. § 1983 (1994) and were liable for negligently causing the wrongful death of the respondent’s grandson. In turn, the petitioners moved for summary judgment, asserting a qualified immunity defense on the § 1983 claim and a lack of evidence on the…
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