THORNTON v. KAPLAN

Civil Action No. 95-WY-1520-AJ.

937 F.Supp. 1441 (1996)

Phillip W. THORNTON, Plaintiff, v. Sheila KAPLAN, individually and in her official capacity a President of Metropolitan State College of Denver; Joan M. Foster, individually and in her official capacity as Provost and Vice President of Academic Affairs for Metropolitan State College of Denver; R. Michael Brown, individually and in his official capacity as Dean of the School of Business for Metropolitan State College of Denver; Virginia Parker, individually and in her official capacity as the Chairperson of the Department of Accounting, School of Business for Metropolitan State College of Denver; David Skougstad, individually and in his official capacity as Chairperson of the Retention, Promotion and Tenure Committee of the Department of Accounting, School of Business for Metropolitan State College of Denver; Larry Lombard, individually and in his official capacity as the Accounting Department representative to the Retention, Promotion, and Tenure Committee of the School of Business for Metropolitan State College of Denver; Nancy T. Frontczak, individually and in her official capacity as Chair-person of the Retention, Promotion and Tenure Committee of the School of Business for Metropolitan State College of Denver; James Fleming; Anne Steinbeck; Aims C. McGuinness; John Roybal, Harriet Barker; and George Brantley, in their official capacities as Trustees of State Colleges in Colorado; and Metropolitan State College of Denver, Defendants.

United States District Court, D. Colorado.

June 7, 1996.


Attorney(s) appearing for the Case

Paul Anthony Baca, Denver, CO, for Phillip W. Thornton.

Gregory A. Eurich, Holland & Hart, LLP, Denver, CO, Thomas J. Lyons, Cathy H. Greer, Hall & Evans, Denver, CO, William J. Higgins, Attorney General's Office, Tort Litigation Section, Denver, CO, for Sheila Kaplan, Joan M. Foster, Virginia Parker, David Skougstad, Nancy T. Frontczak, Larry Lombard.

William J. Higgins, Attorney General's Office, Tort Litigation Section, Denver, CO, Thomas J. Lyons, Cathy H. Greer, Hall & Evans, Denver, CO, for R. Michael Brown.

William J. Higgins, Attorney General's Office, Tort Litigation Section, Denver, CO, for James Fleming, Anne Steinbeck, Aims C. McGuinness, John Roybal, Harriet Barker, George Brantley, Metropolitan State College.


ORDER AND DECISION ON DEFENDANTS' MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT

ALAN B. JOHNSON, Chief Judge, Sitting by designation.

The defendants' motions to dismiss and for summary judgment came before the Court for hearing on May 23, 1996. Counsel for the parties appeared and presented their respective arguments on the motions at the hearing. The Court, having considered the motions, the plaintiff's responses to the motions, the materials filed by the...

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