[Download] "Furlong V. Gardner" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Furlong V. Gardner
- Author : Colorado Supreme Court
- Release Date : January 23, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
We granted certiorari to review a court of appeals' order dismissing for the second time an appeal taken by the petitioners. The respondent brought suit in the El Paso County District Court (the trial court) against the petitioners, two officials at the Limon Correctional Facility (LCF), alleging that the petitioners violated 42 U.S.C. Section 1983 (1994) and were liable for negligently causing the wrongful death of the respondent's grandson. In turn, the petitioners moved for summary judgment, asserting a qualified immunity defense on the Section 1983 claim and a lack of evidence on the negligence/wrongful death claim. The trial court, in an unsigned minute order, reserved ruling on the petitioners' motion and ordered, without qualification, discovery to continue. The court of appeals ruled that the minute order was not a final appealable order and, consequently, dismissed the appeal. We now reverse the court of appeals.