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PEARCE v. LUCERO

No. 11-cv-01514-PAB-BNB.

CORDELL PEARCE, Plaintiff, v. OFFICER JOE LUCERO, Denver Police Department, and OFFICER RYAN TUGGLE, Denver Police Department, Defendants.

United States District Court, D. Colorado.

June 5, 2012.

Attorney(s) appearing for the Case

Cordell Pearce, Plaintiff, represented by Alison Lee Ruttenberg , Alison L. Ruttenberg, Attorney at Law.

Joe Lucero, Officer, Denver Police Department, Defendant, represented by Cathy Havener Greer , Wells, Anderson & Race, LLC & William Thomas O'Connell, III , Wells, Anderson & Race, LLC.

Ryan Tuggle, Officer, Denver Police Department, Defendant, represented by Cathy Havener Greer , Wells, Anderson & Race, LLC & William Thomas O'Connell, III , Wells, Anderson & Race, LLC.

ORDER

PHILIP A. BRIMMER, District Judge.

This matter is before the Court on defendants' motion to dismiss [Docket No. 12]. The motion is fully briefed and ripe for disposition.

I. BACKGROUND1

Plaintiff lives in Unit B, one of three residential units, in a warehouse in Denver, Colorado. In the early morning hours of July 17, 2010, plaintiff was on the roof over his unit with friends. The ladder they used...

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