Legal Opinion · Dissent

Bristol v. Board of County Commissioners

Court of Appeals for the Tenth Circuit

Decided February 26, 2002No. 00-1053Published

1DissentLucero, Circuit Judge

While I agree with most of the majority opinion and find it well-reasoned, I write separately because I respectfully disagree with the majority’s analysis of whether the County was an employer of Bristol. Short of upsetting Colorado’s system of local ■government, we could not uphold a jury finding of fact that plaintiff is an employee of the County. I therefore ultimately conclude that as a matter of law the plaintiff cannot be an employee of the County. We should respect the constitutional scheme that the State of Colorado has created to govern its various counties, and we should not empower…

2Cases cited18 opinions

  1. Gregory v. AshcroftSupreme Court of the United States · 1991
  2. 24 Fair empl.prac.cas. 1563, 24 Empl. Prac. Dec. P 31,401 Anne Owens v. Joseph F. RushCourt of Appeals for the Tenth Circuit · 1980
  3. Lyes v. City of Riviera BeachCourt of Appeals for the Eleventh Circuit · 1999
  4. Lambertsen v. Utah Department of CorrectionsCourt of Appeals for the Tenth Circuit · 1996
  5. Atchley v. Nordam Group, Inc.Court of Appeals for the Tenth Circuit · 1999

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