IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Case No. 11-cv-02523-REB-CBS

BRITTANY THURMAN,

Plaintiff,

v.

DEPUTY ARTHUR PETERSON, individually and in his capacity as a paid peace officer

and as an Employee and/or agent of the Jefferson County Sheriff’s Office, Jefferson

County, and the Jefferson County Auto Theft Task Force,

SERGEANT DAVID HOOVER, individually and in his capacity as a paid peace officer

and as an Employee and/or agent of the Jefferson County Sheriff’s Office, Jefferson

County, and the Jefferson County Auto Theft Task Force,

JEFFERSON COUNTY SHERIFF’S OFFICE, in its capacity as the Employer of Deputy

Arthur Peterson, as an agent and/or independent contractor for Jefferson County and/or

as an agent, independent contractor/or employer of the Jefferson County Auto Theft

Task Force,

JEFFERSON COUNTY in its capacity as the employer of Deputy Arthur Peterson, as a

governmental entity, and/or as an agent, independent contractor or employer of the

Jefferson County Auto Theft Task Force,

LAKEWOOD POLICE DEPARTMENT, in its capacity as the employer of Sergeant

David Hoover, and as an agent and/or independent contractor or the City of Lakewood

and the Jefferson County Auto Theft Task Force,

CITY OF LAKEWOOD, in its capacity as the employer of Sergeant David Hoover, as a

governmental entity and as an agent/or employer of the Jefferson County Auto Theft

Task Force, 

JEFFERSON COUNTY AUTO THEFT TASK FORCE, in its capacity as a governmental

entity and as the employer of Arthur Peterson, and David Hoover,

THE STATE OF COLORADO, in its capacity as a governmental entity and employer of

the Jefferson County Auto Theft Task Force, and

JOHN DOES 1-10, whose names and identities and culpability in the instant matter are

yet unknown, individually and in their capacity as governmental officers or employees;

peace officers; and/or agents of the Jefferson County Sheriff’s Office; the Lakewood

Police Department; the City of Lakewood; the Jefferson County Auto Theft Task Force

and/or the State of Colorado.

Case 1:11-cv-02523-REB-CBS Document 65 Filed 01/15/13 USDC Colorado Page 1 of 3
1 “[#64]” is an example of the convention I use to identify the docket number assigned to a specific

paper by the court’s electronic case filing and management system (CM/ECF). I use this convention

throughout this order.

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Defendants.

ORDER OF DISMISSAL AS TO DEFENDANT, STATE OF COLORADO, ONLY

Blackburn, J.

The matter is before me on the Plaintiff and Defendant The State of

Colorado’s Joint Motion For Dismissal of Defendant State of Colorado With

Prejudice [#64]1 filed January 15, 2013. After reviewing the motion and the record, I

conclude that the motion should be granted and that plaintiff’s claims against defendant

State of Colorado should be dismissed with prejudice with each of those parties to pay

its own attorney fees and costs.

THEREFORE, IT IS ORDERED as follows:

1. That the Plaintiff and Defendant The State of Colorado’s Joint Motion For

Dismissal of Defendant State of Colorado With Prejudice [#64] filed January 15,

2013, is GRANTED;

2. That the plaintiff’s claims against defendant State of Colorado are

DISMISSED WITH PREJUDICE with each of the affected parties to pay its own

attorney fees and costs; 

3. That the Memorandum [#55] referring Defendant State of Colorado’s

Motion To Dismiss Amended Complaint Pursuant To FRCP 12(B)(1) and 12(B)(6)

is WITHDRAWN;

Case 1:11-cv-02523-REB-CBS Document 65 Filed 01/15/13 USDC Colorado Page 2 of 3
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4. That Defendant State of Colorado’s Motion To Dismiss Amended

Complaint Pursuant To FRCP 12(B)(1) and 12(B)(6) [#54] filed December 26, 2012,

is DENIED as moot; and

5. That defendant State of Colorado is DROPPED as a named party to this

action, and the case caption is amended accordingly.

Dated January 15, 2013, at Denver, Colorado.

BY THE COURT:

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