Michael Young v. City of Loveland, et al
Case No. 2015-cv-891-RPM
Case summary: On April 24, 2015, Plaintiff filed a lawsuit in federal District Court alleging that the City is responsible, under Section 1983 and state tort theories, for damages allegedly caused during the execution of a search warrant at his home and for physical injuries allegedly sustained during his arrest. The City filed an Answer denying the allegations in the Complaint. Discovery and investigation have been ongoing. On June 24, 2016, the City filed a Combined Motion and Memorandum Brief in Support of Summary Judgment based on governmental immunity (on behalf of the City) and qualified immunity on behalf of Officer Brown. Plaintiff’s Response and Defendant’s reply were filed. Judge Matsch set a hearing on the Defendant’s Motion for Summary Judgment on November 18, 2016. The Motion for Summary Judgment was granted as to the claims against the City and the City was dismissed from the case. The Court dismissed the First Amendment retaliation claim against Officer Brown. The Court denied the motion as to excessive force and failure to intervene claims against Officer Brown, finding there were disputed facts with regard to the force used by Brown. A jury trial was scheduled for August 7, 2017. Due to health issues, the judge vacated the trial date. A jury trial was held April 23, 2018 through April 27, 2018. After 2.5 hours of deliberation, the jury returned a verdict for Defendants finding Officer Stephens did not use excessive force in making the arrest. Defendants Brown and Stephens have 14 days to submit a Bill of Costs to obtain a judgment for those costs. The 10th Circuit affirmed the trial court decision.
Last updated: July 15, 2019