Legal Opinion
Clark v. Town of Kersey
District Court, D. Colorado
Decided August 8, 1997No. 1:96-cv-00605PublishedCited by 1 opinion
1Opinion of the Court
ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND ORDER OF REMAND
MILLER, District Judge.
Before me is defendants’ motion for summary judgment for dismissal of plaintiffs due process and state law contract claims. Because I find that genuine issues of material fact exist on those claims, I deny the motion as to them. However, I do dismiss the individual members of the Board of Trustees on the basis of qualified immunity. In addition, based upon the parties’ stipulation and other considerations, I remand plaintiffs claim asserted under Colo.R.Civ.P. 106.
Background
The following facts are based…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
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3Cited by1 opinion
- Simplicio G. Torrez v. Bei Graphics CorporationCourt of Appeals for the Tenth Circuit · 1998