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MYRES v. RASK

Civ. A. No. 83-C-226.

602 F.Supp. 210 (1985)

Evelyn R. MYRES, individually and as Personal Representative of the Estate of Earnest J. Myres, deceased, the Estate of Earnest J. Myres, and Louis L. Myres v. Donald E. RASK, Joe Black, Thomas Coogan, Chief of Police of the City and County of Denver, Federico Pena, Mayor of the City and County of Denver, and City and County of Denver.

United States District Court, D. Colorado.

January 21, 1985.

Attorney(s) appearing for the Case

Jerry L. Stevens, John Mosby, Gabrielle Martin, Denver, Colo., for plaintiffs.

Theodore S. Halaby, Leslie L. Schluter, Denver, Colo., Louis Bruno, Bruno, Bruno & Colin, Lakewood, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

Defendants Donald Rask, et al., have filed a motion to dismiss and strike arguing that (1) the plaintiffs cannot assert civil rights claims based on the death of their son, Earnest J. Myres, and (2) Colorado's survival statute limits the damages that the plaintiff Evelyn R. Myres, acting as the personal representative of Earnest J. Myres' estate, can recover. The plaintiffs have responded. The...

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