Opinion

Williams v. Libertarian Party of Colorado

  • 401 P.3d 558
  • 2017 CO 86
  • 2017 Colo. LEXIS 791
Court
Supreme Court of Colorado
Filed
Sep 11, 2017
Status
Published
Author
Gabriel
On the bench
Eid, Gabriel, Hood
Nature of suit
Frazier v. Willaims
Cited by
3 cases
Authority
More cited than 13.5%

The opinion

JUSTICE GABRIEL,

dissenting.

¶13 Relying on its opinion in Frazier v. Williams, 2017 CO 85 , 401 P.3d 541 , which we *561 also decide today, the majority concludes that (1) claims brought pursuant to section 1-1-113 are limited to those alleging a breach or.neglect of duty or other wrongful act under the Colorado Election Code and therefore, (2) section 1983 claims may not be joined in a section 1-1-113 proceeding. See maj. op. ¶¶ 10, 18. For the reasons set forth in my dissent in Frazier, ¶¶ 29-60,1 respectfully disagree. Instead, I would conclude that the plain language of section 1-1-113, the applicable civil procedure rules, and sound public policy support allowing parties like petitioners here to join section 1983 claims with claims under section 1-1-113.

¶14 Accordingly, I respectfully dissent.

I am authorized to state that JUSTICE HOOD joins in this dissént.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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