IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Wiley Y. Daniel
Civil Action No. 02cv00191WYDPAC
FLOYD SERNA,
Plaintiff,
v.
WARDEN JUANITA NOVAK, DONNA GUYETT, GERALD GASKO, DR. GUL and
JOHN DOES AND OTHER UNNAMED DEFENDANTS, in their individual and official
capacity as Officers and/or agents of the Department of Corrections; JOHN/JANE
DOES AND OTHER UNNAMED DEFENDANTS, in their individual and official capacity
as medical providers at the Colorado Territorial Correctional Facility,
Defendants,
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before me on a review of the file. By Order dated March 9, 2005,
this case was administrative closed during the pendency of an appeal to the Tenth
Circuit by Defendant Gerald Gasko on the issue of qualified immunity.
On August 17, 2006, a Mandate was issued by the United States Court of
Appeals for the Tenth Circuit. The Mandate attaches a certified copy of the Judgment
and Opinion of the Tenth Circuit dated July 26, 2006. Pursuant to that Judgment and
Opinion, the Tenth Circuit reversed this Court’s Order of May 26, 2004, that denied
Defendant Gerald Gasko’s Motion for Summary Judgment on grounds of qualified
immunity. The Tenth Circuit remanded the case to this Court for further proceedings in
accordance with the Judgment and Opinion.
Case 1:02-cv-00191-WYD-PAC Document 180 Filed 08/25/2006 Page 1 of 3
Serna v. CO Dept Corrections, et al
Doc. 180
Dockets.Justia.com
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The Tenth Circuit also issued a Mandate on September 9, 2004, that attached a
Judgment and Opinion of the Tenth Circuit dated August 18, 2004. Pursuant to that
Judgment and Opinion, the Tenth Circuit reversed this Court’s Order of December 18,
2003, that denied a Motion for Summary Judgment filed by Defendant Juanita Novak as
to the claim asserted against her under 42 U.S.C. § 1983.
In accordance with the Tenth Circuit’s rulings, it is
ORDERED that Defend