Friday, March 29, 2024 was the deadline imposed on BM by the Court to answer the Motions filed by opposing parties including Motions to Dismiss by FBI Agents Grusing and Harris (Docket #119) and CCSO Sargent Claudette Hysjulien (Docket #109).
At this time, the Plaintiff, BM, has voluntarily dismissed the three defendants named above from the suit (Grusing, Harris, and Hysjulien). (See Docket #125, 126, and 128).
U.S. District Court - District of Colorado
District of Colorado (Denver)
CIVIL DOCKET FOR CASE #: 1:23-cv-01108-DDD-JPO
View attachment 493886
View attachment 493889
pacer.uscourts.gov
Federal Civil Rules of Procedure, Rule 41, provides that if the opposing party either first serves a response or files Motion for Summary Judgement, the Plaintiff's voluntary dismissal has to be a
stipulated dismissal signed by all parties. Also, a
stipulated dismissal (i.e., beyond the first) is with prejudice (final) unless the dismissal Order states otherwise.
To be clear, this was no downgraded (stipulated) dismissal for defendants Grusing and Harris (and/or Hysjulien). By Morphew voluntarily dismissing the federal agents from the case, he simply prevented the Court from doing it for him-- and risk the Court awarding the defendants' costs. (I've not been able to read Hysjulien MTD yet and therefore can't comment yet).
This $$$$ shakedown against Grusing and Harris is done and over. They essentially schooled team Morphew on the law, and how invoking the Bivens case did not provide him any legal basis to seek dollars from the Agents. MOO
FRCP- Rule 41
Morphew fails to plead nonconclusory facts
5/3/23 Refresher on Defendants named by BM
The lawsuit was filed Tuesday, May 2 in the U.S. District Court for the District of Colorado by Fisher & Byrialsen, PLLC, Samler & Whitson, PC, and Eytan Law LLC. The list of defendants named in the civil case is practically a who’s who of anyone in courts or law enforcement that ever touched the case: Deputy District Attorney Jeffrey Lindsey and Deputy District Attorney Mark Hurlbert (prosecutors in the DA’s office).
It includes the Chaffee County Sheriff’s Department, Sheriff John Spezze, Detective Robin Burgess, Deputy Randy Carricato, Deputy Scott Himschoot, Sergeant Claudette Hysjulien, Sergeant William Plackner (sheriff’s office investigators), Colorado Bureau of Investigation agents John Camper, Joseph Cahill, Megan Duge, Caitlin Rogers, Derek Graham, Kevin Koback, Kirby Lewis, FBI agents Jonathan Grusing and Kenneth Harris, and one to ten John/Jane Does.