Garcia v. City of Monte Vista, Colorado et al

What the court wrote

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at ¶ 73.) Garcia alleges that the arrest affidavit relied upon the fabricated autopsy and forensic report by Eikelenbloom and Eikelenbloom-Schieveld but purposefully omitted other exonerating information. (Id. at ¶¶ 74, 76.) Specifically, he asserts the arrest affidavit made no mention of: • The fact that Jones’ autopsy definitively concluded that she died by suicide, or that the doctors who conducted the autopsy were adamant that it was medically impossible that Garcia had murdered Jones; • That the coroner originally determined Jones’ death was a suicide and that the death certificate was only changed to “undetermined” by a high school graduate after years of pressure from MVPD officers and Jones’ family; • Jones’ long history of depression and suicidality; • A traffic stop that took place the day prior to Jones’ death that caused her to miss her probation meeting and led her to spiral into a deepening depressing that she would be sent back to prison; • That Jones lost her new apartment due to her heavily re-engaged drug use immediately prior to her death, that ... ... Rule 12(b)(6) Under Rule 12(b)(6), a party may move to dismiss a claim in a complaint for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). “The court’s function on a Rule 12(b)(6) motion is not to weigh potential evidence that the parties might present at trial, but to assess whether the plaintiff’s complaint alone is legally sufficient to state a claim for which relief may be granted.” Dubbs v. Head Start, Inc., 336 F.3d 1194, 1201 (10th Cir.

Authorities cited in the passage: Dubbs v. Head Start · Rule 12(b)(6) · Fed. R. Civ. P. 12(b)(6)