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HOWARD THROUGH YOUNG v. DENVER

No. 90CA2092.

837 P.2d 255 (1992)

Booker T. HOWARD, Shermain Denise Howard, and Stephanie Dawn Howard, through their guardian and next friend, Mary YOUNG; and Anthony F. Howard through his guardian and next friend, Hazel Howard Stuart, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER, a municipal corporation; Manuel Martinez, Manager of Safety of the City and County of Denver; Virgil Robinson, ex-officio Sheriff of the City and County of Denver; and Julie Angene f/n/a Julie Ankeny, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 28, 1992.

Certiorari Denied October 13, 1992.

Attorney(s) appearing for the Case

Law Offices of Robert M. FitzGerald, Robert M. FitzGerald, Robert W. Hutchinson, P.C., Robert W. Hutchinson, Denver, for plaintiffs-appellants.

Halaby & McCrea, Theodore S. Halaby, Robert M. Liechty, Denver, for defendants-appellees.

Opinion by Judge PIERCE.

Plaintiffs, Booker T., Shermain Denise, Stephanie Dawn, and Anthony F. Howard, are the minor children of the decedent, Carla Howard, who was killed by her husband after his release from the county jail. Plaintiffs appeal the dismissal of their complaint against defendants, the City and County of Denver and its Sheriff's Department and Manager of Safety. We affirm.

The undisputed facts are as follows:

In January 1989, the decedent...

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