Last updateFri, 04 Jul 2014 5pm

Denver, CO

Denver, CO

Dias v. City of Denver

Pleadings - Motion For Summary Judgment - Denied

After the Dias Motion to Dismiss was reversed and sent back to the trial court, the first thing the City did was file a Motion for Summary Judgment.  It was their contention that there was no factual issue as to whether the ban was rationally related to public safety.  If the judge agreed, the case would be over and there would be no need to have a trial.  The Motion filed by the City, together with attachments can read in their entirety at the links below.

When filing a Motion for Summary Judgment, the factual basis for the Motion must be attached.  The City's entire argument rests on the opinion of Alan M. Beck. I urge you to read his opinions below in their entirety. In my opinion, he misrepresents the science and research currently available regarding BSL.

City of Denver Motion to Summary Judgment

Exhibit A1 - Affidavit of Alan M. Beck
Exhibit A2 - Report of Alan M. Beck
Exhibit A3 - Report of Alan M. Beck 2
Exhibit A4 - Deposition of Randall Lockwood
Exhibit A5 - Deposition of Plaintiff Engel
Exhibit A6 - Deposition of Plaintiff Dias
Exhibit A7 - Deposition of Alan M. Beck
Exhibit A9 - Colorado Dog Fanciers Court Opinion
Exhibit A10 - Denver Ordinance
Exhibit A11 - Egelhoff Court Opinion
Exhibit A12 - Egelhoff transcript of hearing
Exhibit A13 - American Canine v. City of Aurora Decision

Dias responded to the City's Motion for Summary Judgment, and the Motion and Exhibits attached to that motion are set out below. As can be seen, there are numerous experts in various scientific fields that testify that BSL is unfair and ineffective.  Again, I urge you to read the exhibits to get an idea of the current state of science regarding BSL.

Dias Response to City of Denver Motion for Summary Judgment

Exhibit 2 - Report Randall Lockwood
Exhibit 4 - Report Karen Overall, MA, VMD, PHD
Exhibit 6 - Report David L. Banks, PHD
Exhibit 8 - Deposition of Douglas Kelley
Exhibit 9 - Deposition of Randall Lockwood
Exhibit 10 - Deposition of Karen Overall, MA, VMD, PHD
Exhibit 11 - Deposition of David L. Banks
Exhibit 12 - Deposition of Bonnie Beaver
Exhibit 13 - Denver Ordinance Breed Standards
Exhibit 14 - Affidavit Plaintiff Dias
Exhibit 15 - Deposition of Alan M. Beck
Exhibit 16 - CDC Dog Bite Fact Sheet
Exhibit 17 - Deposition Plaintiff Dias
Exhibit 18 - Report Breed Ban Italy and the Netherlands
Exhibit 19 - Mars Insights DNA Testing Results
Exhibit 21 - Bahamas Report on Pit Bull Attacks
Exhibit 22 - Delta Society Statement
Exhibit 23 - Bonnie Beaver CV
Exhibit A3 - Report Alan M. Beck
Exhibit A5 - Deposition Plaintiff Engel

The court ultimately ruled against the City of Denver, the order is at the link below.

Order Denying City of Denver Motion for Summary Judgment

The case will now go to a jury trial when the Court sets a date.

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