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Hilton v. Graves

United States District Court, D. Colorado

September 18, 2018

ADAM HILTON, Plaintiff,
v.
CHRISTOPHER GRAVES, in his individual and official capacity, and HAROLD JOSEPH BELLM, III, in his individual capacity, Defendants.

          ORDER AFFIRMING JUNE 27, 2018 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND GRANTING DEFENDANT BELLM'S MOTION TO DISMISS

          CHRISTINE M. ARGUELLO, UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon the June 27, 2018 Recommendation by United States Magistrate Judge Mark L. Carman that Defendant Harold Joseph Bellm, III's Motion to Dismiss (Doc. # 93) be granted. (Doc. # 99.) For the reasons stated below, the Court overrules Plaintiff Adam Hilton's Objection (Doc. # 103), affirms and adopts Magistrate Judge Carman's Recommendation, and grants Defendant Bellm's Motion to Dismiss.

         I. BACKGROUND

         The Magistrate Judge's Recommendation recites the factual and procedural background of this dispute and is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b). Accordingly, this Order will reiterate only what is necessary to address more recent procedural history and Plaintiff's Objection.

         In brief, Plaintiff asserts that his minor stepdaughter, P.B., falsely reported that he sexually assaulted her and was “entirely motivated” by Defendant Bellm, her father, “who coerced and bribed her into lying directly to police, courts, prosecutors and child protection professionals.” (Doc. # 41.) Plaintiff initially brought several causes of action against Weld County Sheriff's Office officials (Defendant Christopher Graves; former Defendants Robbie Korgan-Reed, Robert Roberts, and Steve Reams) who investigated P.B.'s claims; a victim's advocate employed by the Weld County Sheriff's Office, former Defendant Kelly Bell; and Defendant Bellm:

1. Violations of his Fourth and Fourteenth Amendment procedural due process rights, under 42 U.S.C. § 1983, for malicious prosecution, against Defendants Graves, Korgan-Reed, Roberts, Reams, and Bell;
2. Violation of his Fourteenth Amendment rights, under 42 U.S.C. § 1983, for manufacture of inculpatory evidence, against Defendants Graves, Korgan-Reed, Roberts, Reams, and Bell;
3. Violation of his Fourth Amendment rights, 42 U.S.C. § 1983, for unreasonable seizure/arrest without probable cause, against Defendants Graves, Korgan-Reed, Roberts, Reams, and Bell;
4. Violation of his Fourth and Fourteenth Amendment rights, 42 U.S.C. § 1983, for false imprisonment, against Defendants Graves, Korgan-Reed, Roberts, Reams, and Bell;
5. Violation of his Fourth and Fourteenth Amendment rights, 42 U.S.C. § 1983, for conspiracy to violate civil rights, against all Defendants;
6. Defamation per se against Defendant Bellm;
7. Malicious prosecution against Defendants Bell and Bellm;
8. False imprisonment against Defendants Bell and Bellm;
9. Outrageous conduct against Defendant Bellm; (Doc. # 41 at ...

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