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Cikraji v. Snowberger

Court of Appeals of Colorado, Second Division

May 7, 2015

Robert Cikraji, Plaintiff-Appellant,
v.
Daniel Snowberger, Superintendent, Durango Colorado School District 9-R Public Schools; Andrew Burns, President, Durango Colorado School District 9-R Public Schools; Roxanne Perrin, Athletic Director, Durango Colorado High School; David McMillian, Cross Country and Track and Field Coach, and Owner Operator of Running Organization, d/b/a COHIPAC; Paul Angelico, Commissioner, Colorado High School Activities Association; Curt Wilson, President, Colorado High School Activities Association, Defendants-Appellees.

La Plata County District Court No. 14CV2002 Honorable Jeffrey R. Wilson, Judge

Robert Cikraji, Pro Se.

Semple, Farrington & Everall, P.C., Holly Ortiz, Denver, Colorado, for Defendants-Appellees Daniel Snowberger, Andrew Burns, Roxanne Perrin, and David McMillian.

Halpern Meacham, Alexander Halpern, Boulder, Colorado, for Defendants- Appellees Paul Angelico and Curt Wilson.

OPINION

GRAHAM, JUDGE.

¶ 1 Plaintiff, Robert Cikraji, appeals the district court's order of summary judgment in favor of defendants, Daniel Snowberger, Superintendent, Durango Colorado District 9-R Public Schools; Andrew Burns, President, Durango Colorado District 9-R Public Schools; Roxanne Perrin, Athletic Director, Durango Colorado High School; David McMillian, Cross Country and Track and Field Coach, and Owner Operator of Running Organization, d/b/a COHIPAC; Paul Angelico, Commissioner, Colorado High School Activities Association; and Curt Wilson, President, Colorado High School Activities Association. We dismiss the appeal in part and affirm.

I. Background

¶ 2 The following facts are taken from plaintiff's complaint. Plaintiff's son C.C. was a freshman at Durango High School (DHS) in 2013. C.C. was a member of the DHS cross country team and he agreed to be bound by the Colorado High School Activities Association (CHSAA) bylaws.

¶ 3 Plaintiff requested permission to remove C.C. from school to go on a trip to Ohio. While in Ohio, C.C. competed in the United States Air Force 10k held at the Wright Patterson Air Force Base. C.C. won the overall 10k and the Durango Herald noted his accomplishment in its Sunday edition.

¶ 4 On September 24, 2013, when plaintiff and C.C. returned from Ohio, plaintiff met with defendant Perrin, DHS's athletic director, who told plaintiff that C.C. would be disciplined for violating the CHSAA Outside Competition Rule. The rule states that "[p]layers certified to participate as members of any high school sport team may compete on any other team, in any non-school activity or event in that sport during that sports season with the express written permission of the principal." It is undisputed that C.C. did not receive permission to compete in the 10k.

¶ 5 When C.C. came home from school that day, he told plaintiff that defendant McMillian, DHS's cross country coach, had informed the cross country team that he had violated the CHSAA bylaws, he "may have caused the entire team to be denied the right to compete in the Colorado state cross country championship meets, " and he was being suspended. C.C. was suspended from a single cross country meet scheduled for the weekend of September 27, 2013.

¶ 6 Plaintiff e-mailed various defendants about C.C.'s suspension and attended a Durango Board of Education meeting where he argued defendant McMillian's behavior was bullying prohibited by the school district's policy. On November 1, 2013, plaintiff examined and inventoried C.C.'s academic file.

¶ 7 On January 27, 2014, plaintiff filed a pro se complaint in La Plata County District Court alleging defendants violated his and C.C.'s "rights." Specifically, plaintiff alleged (1) lack of subject matter jurisdiction; (2) tortious interference with parental rights/abuse of process; (3) tortious interference with contract; (4) intentional infliction of emotional distress; (5) defamation; and (6) violation of due process.[1] Defendants filed motions to dismiss and plaintiff filed a motion for summary judgment. Because plaintiff attached exhibits to his responses to the motions to dismiss, the district court converted all the motions to motions for summary judgment.

ΒΆ 8 In a thorough and well-reasoned opinion, the court denied plaintiff's requested summary judgment and entered judgment in favor of defendants. In pertinent part, the court concluded plaintiff failed to establish that he followed the notice provisions of the Colorado Governmental Immunity Act (CGIA), section 24-10-101 to -120, C.R.S. 2014, ...


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