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Medina v. Board of County Commissioners

February 10, 2006

ELIZABETH MEDINA, INDIVIDUALLY AS MOTHER OF AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LUCAS DE HERRERA, AND MARGARITO DE HERRERA, INDIVIDUALLY AS FATHER OF LUCAS DE HERRERA, PLAINTIFFS,
v.
BOARD OF COUNTY COMMISSIONERS, ALAMOSA COUNTY, COLORADO, IN BOTH THEIR INDIVIDUAL CAPACITIES, SHERIFF DAVID STONG, IN HIS OFFICIAL CAPACITY, UNDERSHERIFF JOHN BIANCA, IN HIS INDIVIDUAL CAPACITY, SGT. RON GOODMAN, IN HIS INDIVIDUAL CAPACITY, FORMER DEPUTY RICK MARTINEZ, IN HIS INDIVIDUAL CAPACITY, DEPUTY LISA BENEVIDEZ, IN HER INDIVIDUAL CAPACITY, AND CORPORAL GARY THOMAS, IN HIS INDIVIDUAL CAPACITY, DEFENDANTS.



The opinion of the court was delivered by: Judge Robert E. Blackburn

ORDER OF DISMISSAL AS TO DEFENDANT RICK MARTINEZ

On February 9, 2006, the parties filed a Joint Motion to Dismiss Defendant Rick Martinez With Prejudice [#44]. After careful review of the motion and the file, the court has concluded that the motion should be granted and that plaintiff's claims against defendant Rick Martinez should be dismissed.

THEREFORE, IT IS ORDERED as follows:

1. That the Joint Motion to Dismiss Defendant Rick Martinez With Prejudice [#44], is GRANTED;

2. That plaintiff's claims against defendant Rick Martinez are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs; and

3. That defendant, "Former Deputy Rick Martinez," is DROPPED as a named party to this action, and the case caption is amended accordingly.

Dated February 10, 2006, at Denver, Colorado.

Robert E. Blackburn United States District Judge

20060210

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