Jones v. Hildebrant, 432 U.S. 183 (1977)

CERTIORARI TO THE SUPREME COURT OF COLORADO

Syllabus

Where petitioner’s counsel informed this Court at oral argument that petitioner’s sole claim of constitutional deprivation resulting from her minor son’s being shot and killed by respondent police officer was one based on her personal liberty, and not one of pecuniary loss such as would be covered by Colorado’s wrongful death statute, but that contention was neither alleged in her complaint (which included claims based on the state wrongful death statute and a claim under 42 U.S.C. § 1983), presented in her petition for certiorari, nor fairly subsumed in the question that was presented as to whether the wrongful death statute’s limitation on damages controlled in a § 1983 action, the writ of certiorari is dismissed as improvidently granted.

Certiorari dismissed. Reported below: 191 Colo. 1, 550 P.2d 339.