Ungerer v. Moody

*254Opinion by

Judge BRIGGS.

Plaintiff, Max Ungerer, appeals the trial court’s dismissal pursuant to C.R.C.P. 12(b)(5) of his complaint against the defendant, David Moody, an officer with the Colorado State Patrol. The complaint asserted claims for false arrest and violation of plaintiffs constitutional rights to be free from unreasonable search and seizure and to due process, brought under 42 U.S.C. § 1983 (1988), and sought exemplary damages. Plaintiff contends the trial court erred in concluding that defendant was immune from suit on all claims. We agree and reverse the trial court’s dismissal…