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GIVAN v. CITY OF COLORADO SPRINGS

No. 92CA1428.

876 P.2d 27 (1993)

David L. GIVAN, Counterclaim Plaintiff-Appellant and Cross-Appellee, v. CITY OF COLORADO SPRINGS, a Home Rule City and a Colorado municipal corporation, Counterclaim Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing January 6, 1994.

Petition and Cross-Petition for Certiorari Granted June 20, 1994.

Attorney(s) appearing for the Case

Cornish and Dell'Olio, Craig M. Cornish, Colorado Springs, for counterclaim plaintiff-appellant and cross-appellee.

James G. Colvin, II, City Atty., Stacy L. Rouse, Sr. Corporate Atty., Colorado Springs, for counterclaim defendant-appellee and cross-appellant.

Opinion by Judge CRISWELL.

Plaintiff, City of Colorado Springs (City), initiated this action under C.R.C.P. 106(a)(4) to have the district court review an order of the City's municipal court declaring that the City had no proper grounds to terminate the employment of defendant, David L. Givan. Defendant asserted a counterclaim under 42 U.S.C. § 1983 (1982), alleging that the City had violated his rights to substantive...

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