Larimer County, Colorado, District Court Larimer County Justice Center 201 La Porte Avenue, Suite 100 Fort

Collins, Colorado 80521-2761 (970) 498-6100 KALEB YOUNG, Plaintiff, v.

DATE FILED: February 7, 2013 6:57 PM FILING ID: 18959575

LARIMER COUNTY SHERIFFS OFFICE, a local governmental entity; SHERIFF JUSTIN SMITH, in his official capacity as Court Use Only LARIMER COUNTY SHERIFF; DETECTIVE PETE MESECHER, in his official and individual capacities, Defendants. George H. Hass, Reg. No. 897 Jeannine S. Haag, Reg. No. 11995 William G. Ressue, Reg. No. 34110 224 Canyon Ave., Suite 200 Post Office Box 1606 Fort Collins, Colorado 80522 Telephone (970) 498-7450 ghass@larimer.org jeanninehaag@larimer.org wressue@larimer.org

Case No. 12 CV 1997

Courtroom 4A

DEFENDANTS MOTION FOR SUMMARY JUDGMENT Defendants Larimer County Sheriffs Office, Sheriff Justin Smith in his official capacity as Larimer County Sheriff and Detective Pete Mesecher in his official and individual capacities, move this Court pursuant to Rule 56 C.R.C.P. for summary judgment dismissing all Plaintiffs claims. As grounds for this Motion, Defendants state that the Brief in Support of this Motion for Summary Judgment, the pleadings and the evidentiary materials show there are no genuine issues of fact and that Defendants are entitled to summary judgment as a matter of law.

Dated:

February 7, 2013 LARIMER COUNTY ATTORNEYS OFFICE

By:

s/Jeannine S. Haag George H. Hass, Reg. No. 897 Jeannine S. Haag, Reg. No. 11995 William G. Ressue, Reg. No. 34110 224 Canyon Ave., Suite 200 Post Office Box 1606 Fort Collins, Colorado 80522 Telephone: (970) 498-7450 Attorneys for Defendants

In accordance with C.R.C.P. 121, 1-26(7), a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by the other parties, or the Court upon request.

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendants Motion for Summary Judgment was served via Integrated Colorado Courts E-Filing System (ICCES) on the following on the 7th day of February, 2013:

Robert J. Corry, Jr., Travis B. Simpson 600 Seventeenth Street Suite 2800 South Tower Denver, CO 80202 Robert.Corry@comcast.net Travis@RobCorry.com

s/Jennifer D. Pettus