Colorado Court of Appeals November 8, 1990, 90CA0096 (Martinez v. Harper)

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Opinion by

Judge ROTHENBERG.

Plaintiff, Lucas Martinez, sought damages under the Civil Rights Act of 1871, 42 U.S.C. § 1983, for injuries sustained when his son, Faustin Martinez, was shot and killed by a Colorado State Patrol Officer, James D. Harper. Harper and other defendants moved for and were granted summary judgment based on a qualified immunity defense.