20 F.3d 1104 (10th Cir. 1994), 92-1260, Regalado By and Through Regalado v. City of Commerce City, Colo.

Docket Nº:92-1260.
Citation:20 F.3d 1104
Party Name:Richard REGALADO; Richard Jude Regalado; Sarina Regalado; Sara Regalado; Teresa Regalado; Michelle Regalado, Minor Children By and Through their Father, co-plaintiff Richard Jude REGALADO, Plaintiffs-Appellants, v. The CITY OF COMMERCE CITY, COLORADO; Roland Cole; Marjorie Christensen; Sherri Szymanski; Mr. Tate; Jack Haggerman, individually and in
Case Date:April 06, 1994
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1104

20 F.3d 1104 (10th Cir. 1994)

Richard REGALADO; Richard Jude Regalado; Sarina Regalado;

Sara Regalado; Teresa Regalado; Michelle Regalado, Minor

Children By and Through their Father, co-plaintiff Richard

Jude REGALADO, Plaintiffs-Appellants,

v.

The CITY OF COMMERCE CITY, COLORADO; Roland Cole; Marjorie

Christensen; Sherri Szymanski; Mr. Tate; Jack Haggerman,

individually and in their official capacity as Members of

the City of Commerce City, Colorado City Council; James G.

Sanderson, individually and in his official capacity as

Chief of Police, City of Commerce City, Colorado; April

Bren; Fidel Ortega; Chris Solano; Rich Blea; Mark

Morgan; Tom Abbott; Mark Elliot; Tom Poe; Sergeant James

Grady; Sergeant James Greene; Detective Jan Brace,

individually and in their official capacity as Police

Officers for the City of Commerce City, Colorado; City of

Commerce City Police Officers, individually and in official

capacity; John Does, I through X, individually and in their

official capacity, Defendants-Appellees.

No. 92-1260.

United States Court of Appeals, Tenth Circuit

April 6, 1994

Page 1105

Debi Cisneros of Debi Cisneros, P.C., Denver, CO, for plaintiffs-appellants.

Theodore S. Halaby (Robert M. Liechty and Joseph M. Timmins of Halaby, McCrea & Cross with him on the brief), Denver, CO, for defendants-appellees.

Before BALDOCK, Circuit Judge, and McWILLIAMS, Senior Circuit Judge, and SAFFELS, Senior District Judge. [*]

McWILLIAMS, Senior Circuit Judge.

Richard Regalado and his son, Richard Jude Regalado, along with Sarina Regalado, Sara Regalado, Teresa Regalado and Michelle Regalado, minor children by and through their father, Richard Jude Regalado, brought suit in the United States District Court for the District of Colorado against The City of Commerce City, Colorado, and various officials and police officers of Commerce City, alleging that the Defendants had violated their civil rights. The Plaintiffs sought compensatory damages in the amount of $1,000,000.00 and punitive damages for an additional $1,000,000.00.

The complaint set forth ten claims for relief based on violations of federal law and two pendent claims for assault and battery and extreme and outrageous conduct, respectively. Without going into great detail, the gist of the complaint was that from October 31, 1990, to the date the complaint was filed, i.e., October 30, 1991, the Defendants harassed the Plaintiffs without justification and on one occasion unlawfully arrested Richard Regalado, and on another occasion unlawfully arrested his son, Richard Jude Regalado. By answer the Defendants denied liability and affirmatively alleged, inter alia, qualified immunity. As will be developed, the district court eventually entered summary judgment in favor of all Defendants on all claims and judgment to that effect was duly entered.

A notice of appeal was timely filed with the district court in which the Plaintiffs were designated as "Richard Regalado, et al." By order of this Court the parties were directed to submit memorandum briefs addressing the question of whether this Court had jurisdiction

Page 1106

over any of the Plaintiffs in the district court except for the one Plaintiff who was designated by name in the notice of appeal, namely Richard Regalado, the father of Richard Jude Regalado and the grandfather of the latter's...

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