[DOWNLOAD] "Crouse v. City of Colorado Springs" by Supreme Court Of Iowa. * eBook PDF Kindle ePub Free

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eBook details

• Title: Crouse v. City of Colorado Springs
• Author : Supreme Court Of Iowa.
• Release Date : January 17, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Appellant, David Alan Crouse, seeks review of the trial courts summary judgment dismissing state common-law tort claims and federal civil rights violation claims he filed against defendants, City of Colorado Springs (the City) and Colorado Springs Police Officer Mario Rivera, and awarding attorney fees to the defendants. The trial court held that section 13-80-129, 6A C.R.S. (1982 Supp.) (repealed & reenacted 1986), barred Crouses common-law negligence claims against the defendants and authorized the award of attorney fees. It dismissed Crouses civil rights claims against the City on the ground that he failed to allege with sufficient specificity essential elements of such claims and dismissed his common-law claims against the City on evidentiary grounds. The trial court dismissed Crouses civil rights claims against Rivera on the grounds that proof of intentional misconduct was essential to recovery under the federal Civil Rights Act, 42 U.S.C. ? 1983 (1979) (hereinafter ? 1983), and that the undisputed evidence refuted any allegations of intentional misconduct, and dismissed a common-law assault and battery claim against the defendants on the ground that the evidence did not support a finding that Rivera acted with intent. The trial court also held that the notice filed by Crouse satisfied the requirements of section 24-10-109, 10 C.R.S. (1982) (amended 1986), which ruling is challenged by a cross-appeal filed by the City and Rivera. We affirm in part, reverse in part and remand with directions.

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