Case no. 2018CV140
Case summary: Kendra Musgrave (“Plaintiff”) filed a complaint against Municipal Judge Geri Joneson alleging a violation of due process and other claims for relief. The City filed a motion to dismiss on May 15, 2018 arguing that Plaintiff failed to comply with the notice requirements of the Colorado Governmental Immunity Act (“CGIA”) and failed to state a claim upon which relief can be granted. The Court dismissed the case because there was no injury and Plaintiff did not allege a claim upon which relief could be granted. The Court also found a lack of subject matter jurisdiction due to judicial immunity. The actions complained of are those for which the judge has absolute immunity. Plaintiff appealed the trial court order. The Parties briefed the issues on appeal, and the Colorado Court of Appeals affirmed finding no basis for reversing the trial court’s order.
Updated: November 7, 2019