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HAYS v. ELLIS

No. CIV.A.01-K-2316.

331 F.Supp.2d 1303 (2004)

Dr. Dana HAYS, Plaintiff, v. V.P. ELLIS, in his individual and official capacities, Doug Grove, in his individual and official capacities, B. Curnow in his individual and official capacities, K. Steinman, in his individual and official capacities, City of Boulder, and Jane and John Does, whose present identities are not currently known, Defendants.

United States District Court, D. Colorado.

August 23, 2004.

Attorney(s) appearing for the Case

John W. McKendree, John W. McKendree Law Offices, Denver, CO, for Plaintiff.

Andrew David Ringel, Andrew James Carafelli, Hall & Evans, Denver, CO, Josh Adam Marks, Berg, Hill, Greenleaf & Ruscutti, LLP, Boulder, CO, for Defendants.

ORDER ON MOTION FOR SUMMARY JUDGMENT

KANE, District Judge.

This excessive force/malicious prosecution action arises from a traffic stop of Plaintiff by members of the Boulder Police Department that culminated in Plaintiff being "taken to the ground" and arrested on a charge of obstructing the police. Plaintiff filed suit, asserting claims under 42 U.S.C. § 1983 against the individual officers and the City of Boulder for assault and battery, malicious...

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