Staff reviewed
VANCE V. ALDRICH
— STAFF
But the court erred by denying the Club Q Defendants’ motion to dismiss the negligence and wrongful-death claims. The CPLA provides the exclusive legal remedy for Plaintiffs’ injuries, which arose from Club Q’s conditions. Because the CPLA precludes Plaintiffs’ negligence and wrongful-death claims, the district court should have dismissed those claims, too.
10th Cir. · affirmed in part
Whether a county policy of never seeking extreme risk protection orders is affirmative conduct under the state-created-danger theory.
https://www.courtlistener.com/opinion/10970148/vance-v-aldrich/