(Download) "Board Of County Commissioners V. Sundheim" by Colorado Supreme Court # eBook PDF Kindle ePub Free

July 26, 2021

eBook details

Title: Board Of County Commissioners V. Sundheim
Author : Colorado Supreme Court
Release Date : January 28, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

We granted certiorari to review the court of appeals decision in Sundheim v. Board of County Commissioners, 904 P.2d 1337 (Colo. App. 1995), to determine whether the thirty-day filing limitation contained in C.R.C.P. 106(b) applies to actions where a claim for money damages is asserted under 42 U.S.C. § 1983 (1994). We also granted certiorari to determine if this court has the authority to recognize an implied damages action in cases where citizens allege that government entities have violated their state constitutional rights. The court of appeals held that a § 1983 claim can exist separately from a C.R.C.P. 106(a)(4) cause of action, thereby rendering C.R.C.P. 106(b)'s thirty-day filing requirement inapplicable. The court of appeals also held that C.R.C.P. 106(b) foreclosed any claims based solely upon the Colorado Constitution. We affirm.