Legal Opinion
Martinez v. Harper
Colorado Court of Appeals
Decided November 8, 1990No. 90CA0096PublishedCited by 3 opinions
1Opinion of the Court
Opinion by
Judge ROTHENBERG.
Plaintiff, Lucas Martinez, sought damages under the Civil Rights Act of 1871, 42 U.S.C. § 1983, for injuries sustained when his son, Faustin Martinez, was shot and killed by a Colorado State Patrol Officer, James D. Harper. Harper and other defendants moved for and were granted summary judgment based on a qualified immunity defense. On appeal by plaintiff, we affirm.
I
In March 1987, Faustin Martinez and Johnny Parker escaped from a jail in New Mexico after overpowering a prison guard, obtaining a rifle, and stealing his truck. Colorado State Patrol Officer Harper saw…
2Cases cited10 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Tennessee v. GarnerSupreme Court of the United States · 1985
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3Cited by3 opinions
- National Camera, Inc. v. SanchezColorado Court of Appeals · 1991
- Cullen v. PhillipsColorado Court of Appeals · 2001
- Ungerer v. MoodyColorado Court of Appeals · 1993