HomeMy WebLinkAbout2020CV115 - STACY LYNNE V. NOAH BEALS AND THE CITY OF FORT COLLINS - 014A - PROPOSED ORDER1
DISTRICT COURT, LARIMER COUNTY, COLORADO
Larimer County Justice Center
201 Laporte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 498-6100
Plaintiff: STACY LYNNE
v.
Defendants:
NOAH BEALS, CITY OF FORT COLLINS
COURT USE ONLY
Case Number: 2020 CV 115
Courtroom: 3B
ORDER RE: DEFENDANT CITY OF FORT COLLINS’ MOTION TO DISMISS
PLAINTIFF’S AMENDED COMPLAINT
This matter comes before the Court on Defendant City of Fort Collins’ Motion to Dismiss
Plaintiff’s Amended Complaint, and the matter has been fully briefed by the Parties. The Court
finds it lacks subject matter jurisdiction over the matter, and hereby dismisses the action pursuant
to Colorado Rule 12(b)(1).
Under the Colorado Governmental Immunity Act (“CGIA”), a public entity such as the
City is immune from liability for any claim arising in tort other than those claims specifically
enumerated in C.R.S. §24-10-106. Here, Plaintiff has alleged no claims against the City, and thus
has not asserted a claim under one of the enumerated exceptions. Furthermore, claims for libel
and slander are not included in any of the enumerated exceptions to sovereign immunity.
Accordingly, this Court lacks subject matter jurisdiction over Plaintiff’s claims against the City,
and it must be dismissed from the lawsuit pursuant to Rule 12(b)(1).
The Court thus GRANTS Defendants’ motion, and dismisses Defendant City of Fort
Collins from Plaintiff’s Amended Complaint with prejudice.
DATED this ___ day of ________, 2020.
BY THE COURT:
DISTRICT COURT JUDGE
DATE FILED: April 29, 2020 11:10 AM
FILING ID: B0CFBA6C3D1EA
CASE NUMBER: 2020CV115