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In re Raven v. Polis.

2021 CO 8. No. 20SA321. Civil Procedure—Parties—Executive Officials—Proper Defendants.

February 1, 2021

The Supreme Court exercised its original jurisdiction to consider whether Governor Polis was a proper named defendant in a class action challenging the treatment of transgender women in the custody of the Colorado Department of Corrections. The Court held that its decision in Developmental Pathways v. Ritter, 178 P.3d 524 (Colo. 2008), did not alter the longstanding rule that a suit seeking to enjoin or mandate an executive agency’s enforcement of a statute may include the governor, in his or her official capacity, as a named defendant. Accordingly, the Court concluded that the trial court correctly declined to dismiss Governor Polis from the action and discharged its rule to show cause.

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