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KEMP v. LAWYER

Civil No. 11-cv-01368-LTB-KMT.

846 F.Supp.2d 1170 (2012)

Keith KEMP, individually and as personal representative of the Estate of Jason Kemp; and Connie Kemp, individually, Plaintiffs, v. Ivan LAWYER, a Trooper of the Colorado State Patrol, in his individual capacity; Kirk Firko, a Corporal of the Colorado State Patrol, in his individual capacity; Chad Dunlap, a Sergeant of the Colorado State Patrol, in his individual capacity; Ralph C. Turano, Legal Training Attorney for the Colorado State Patrol, in his individual capacity; and John Doe, employee of the Colorado State patrol, in his/her individual capacity, Defendants.

United States District Court, D. Colorado.

February 8, 2012.

Attorney(s) appearing for the Case

Erica Gann Kitaev, Nathan Andrew Schacht, Paul Stephen Enockson, Paul Gregory Karlsgodt, Baker & Hostetler, LLP, Mark Silverstein, Rebecca Teitelbaum Wallace, American Civil Liberties Union, Denver, CO, for Plaintiffs.

Cathy Havener Greer, William Thomas O'Connell, III, Wells, Anderson & Race, LLC, Bernard Roland Woessner, Nathan, Bremer, Dumm & Myers, PC, Rachel Ann Morris, Wood, Ris & Hames, P.C., Michael Turner Lowe, Bruno, Colin, Jewell & Lowe, P.C., Skippere Stewart Spear, Jack M. Wesoky, Colorado Attorney General's Office, Denver, CO, for Defendants.

MEMORANDUM AND OPINION

BABCOCK, District Judge.

This matter is before me on a Motion to Dismiss filed by Defendant, Ralph C. Turano, who is being sued in his individual capacity, as Legal Training Attorney for the Colorado State Patrol, by Plaintiffs Keith and Connie Kemp, individually and as personal representative of the Estate of Jason Kemp. [Doc # 41] Defendant Turano seeks to have the claim asserted against him by Plaintiffs in their First...

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