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Home My WebLink About20120951.tiff WELD COUNTY COMMISSIONERS Weld County, State of Colorado, District Court Address: 901 9th Avenue, Greeley, CololQ$oAPR -3 P 4: 4b Telephone: (970) 351-730 RAUL DAVILA, Plat C E I V E D v GREELEY POLICE DEPARTMENT,CITY OF ♦COURT USE ONLY GREELEY,WELD COUNTY COMMISSIONERS, WELD COUNTY SHERIFF'S DEPARTMENT, Defendants Attorney who Prepared this Document: Raja M. Salaymeh, Esq. Atty. Reg. #: 33601 Case No.: 12CVa79 Attorney for Plaintiff Phone: (970) 352-4776 1129 10th Street Fax: (970) 352-6160 Div.: y / Courtroom: Greeley, CO 80631 Email: rajalegal@yahoo.com COMPLAINT FOR DAMAGES WITH JURY DEMAND COMES NOW the Plaintiff, RAUL DAVILA, by and through his attorneys from the Law Offices of Sherry Rawlings, and for his Complaint against Defendants states as follows: JURISDICTION AND VENUE 1. Plaintiff, Raul Davila, is a private individual, resident of Weld County, with a mailing address of 1111 3m Avenue, Greeley, Colorado 80631. 2. Defendant, Greeley Police Department, (hereinafter`Police"), is a Weld County Government entity located in Greeley, State of Colorado whose address is 2875 10th Street, Greeley CO 80631. 3. Defendant, City of Greeley, (hereinafter"City"), is a Weld County Government entity located in Greeley, State of Colorado whose address is 1100 Tenth Street, #401, Greeley CO 80631. 4. Defendant, Weld County Board of Commissioners, (hereinafter "Commissioners"), is a Weld County Government entity located in Greeley, State of Colorado whose address is 915 10th Street, Greeley CO 80632. 5. Defendant, Weld County Sheriffs Department, (hereinafter"Sheriff"), is a Weld County Government entity located in Greeley, State of Colorado whose address is 2110 "0" Street, Greeley CO 80631 6. This suit stems from numerous incidents occurring in Weld County, Colorado, the last of which occurred on or about March 29, 2011. 4- 3 iO' q- u-ad 2012-0951 Complaint Page 2 of 3 Raul Davila v.Weld County 7. This Court has jurisdiction over the parties and subject matter and venue is proper in Weld County. 8. On or about March 29, 2011, and at least 15 times since the year 2000, the Plaintiff has been arrested by one or more of the Defendants. 9. That each time the Plaintiff was arrested, he provided one or more of the Defendants with a copy of an order that he not be arrested. A copy of the order has been attached hereto and marked Exhibit 1. 10. That each time the order was presented, one or more of the Defendants ignored the order and made verbal comments that were degrading to the Plaintiff. 11. That on March 29, 2011 and each incident prior to that date, Defendant was incarcerated for a period of time, sometimes as much as several days. 12. That as a result of the actions of one or more of the Defendants, Plaintiff suffered damages, including but not limited to lost wages, lost income, lost opportunity, infringement of his personal freedom and other damages. 13. That one or more of the Defendants intended to restrict the freedom of Plaintiff's movements. 14. That the Plaintiff's movements were restricted for a period of time directly or indirectly by an act of one or more of the Defendants. 15. That Plaintiff was aware that his freedom of movement was restricted. 16. That there was no legal justification for the arrest or arrests of the Plaintiff. 17. On April 19, 2011, Plaintiff served notice of his claims on all the Defendants. A copy of the letter is attached hereto and marked Exhibit 2. 18. All the Defendants were properly served the notice. Copies of the Certified Mail Receipts have been attached as Exhibit 3. 19. That to date, none of the Defendants have responded to the notice. 20. That Defendant's Police and Sheriff are under the control of one or more of the Defendants. WHEREFORE, Plaintiff prays for judgment against one or more of the Defendants in an amount to be determined at trial, plus interest from the date of occurrence, for economic loss, non-economic loss and any other relief which this Court deems appropriate. Complaint Page 3 of 3 Raul Davila v.Weld County Respectfully submitted this 29th day of March 2012. LAW OFFICES OF SHERRY RAWLINGS -on•i al si ature on le . Salay e , #3 1 rneys for Plainti Plaintiff's Address: 1111 3rd Avenue Greeley, Colorado 806341 District Court Weld County, State of Colorado Court Address: 901 9th Avenue, Greeley, CO 80631 Phone Number : (970)351-7300 Ext.4534 People of the State of Colorado, vs. Defendant: RAUL DAVILA COURT USE ONLY Case Number 98 CR 1621 Division No. 3 ORDER TO FORGO ARREST There is an active warrant for the above-named defendant's arrest. It appears that Raul Davila. Jr.. Colo. Driver License No. 92-051-3766. is not the person depicted in the booking photograph of the Defendant, and that the Defendant has either assumed the name of Raul Davila, Jr.. or coincidentally shares the same name as person identified by the above Colo. Driver License number. Accordingly. no peace officer shall arrest the bearer of Colo. Driver License No. 92-051-3766,provided the bearer matches the driver license photograph, a copy of which is attached hereto. Ordered by the Court, December 1, 2000: sSittCT Cp4/ Jonath W. Hays ' —° District Judge I / t DRIVER LICENSE ADULT twee. w. we. M roe. OD ELK ORN N ' L BIRTH DATE � d )� r a""l � ifx9t EXPIRES AUN!112833RDAV ° Wrongl D.Ord9BCR1621 issue Date oaoo-+see GREELEVCOSOr1713,� e1 „` ANTOMMARI & SLEDGE, LLC www.AntommariaandSledge.com 1029 14th Street Greeley, Colorado 80631 Telephone: (970) 346-8888 fax: (970) 353-2209 Raja M. Salaymeh 3 ommariaµn;tsledf e" 44444 �. April 19, 2011 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 City of Greeley c/o City Attorney 1 100 Tenth Street Suite 401 Greeley, CO 80631 John B. Cooke Weld County Sheriffs Department 2110 "O" Street Greeley, CO 80631 Jerry Garner Greeley Police Department 2875 10th Street Greeley, CO 80631 ALL THE ABOVE ADDRESSEES VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Raul Davila Dear Sir or Madam: Please be advised that I represent Raul Davila of 1111 33rd Avenue, Greeley CO 80631 with respect to a claim he has against Weld County, Weld County Sheriffs Department, Greeley Police and the City of Greeley. Since 2000, Mr. Davila has been arrested over 15 times, most recently on March 29, 2011. These arrests are due to warrants issued by Weld County. Each time, he has advised the arresting officer that he is not the individual and has shown the officer a court order that he not be arrested. The order and the statements of Mr. Davila are ignored. Each lime, he has been taken into custody and held for several days until it is discovered that he is, indeed, not the individual. x �iti In the most recent arrest, he was released on March 31, 2011 and the Court ordered that he not be arrested on that particular case again. At the time of his arrest on March 29th, he was working as an over the road trucker. His employer was contacted to come pick up the truck and, again, Mr. Davila suffered lost income and employment opportunities. As stated, Mr. Davila has suffered economic loss in that he has lost time at work and been released from employment due to these problems. This has caused financial hardship on him and his family. He is requesting that this harassment stop and that he be awarded $100,000 dollars. Sincer , , / v-R a y eh ttorney at Law SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. - / • Agent • Print your name and address on the reverse X `-�� r. ,dressee so that we can return the card to you. y( ) Y C. ��..:s .:livery • Attach this card to the back of the mailpiece, B. Received b (Print • or on the front if space permits. �< 1. Article Addressed to: D. Is delivery address. from 1t1? O =a K YES,enter deliv: ress below: ❑ C a G,r&O ii P1 Lt I ct cI,,-mLn-t- ------ 7.531S- r i 'ST1- -. 3:Service Type ,, ,, I ,, 'BOO( / ( ,T�,Certified Mail O Express Mall S L5 CA r Q D '9 s n 7, e - H , C O. 'BQC '3` t+Registered ❑Return Receipt for Merchandise o m 8 1 3 0 �"`��__ ��' ❑Insured Mali ❑C.O.D. Q f r— e !»r g a m m 4. R...,bk.ted Delivery?(Extra Fee) ❑Yes m r E c m Article Number PQ I ;e g l h 3 3 (fransfer(romsen/es:abe� 7010 1670 000a 2044 5931 — _kcpI Qa g S a.. Go a m >Forn 3$11,February 2004 Domestic Return Receipt 102595-02-M-1540 �3 o. o -m m g �' gg ago � a2Q•. � y iEN rrE•: CAM•LETS THIS SECTHN C•M•1ETE THIS SECTUN.N•ELIVE•Y OD .r .a JJok0XX m m Complete kerns 1,2,and 3.Also complete A : ature I ' ❑ m$ $ y it K em 4 Restricted Delivery Is desired. Agent m 8 , 1 Print your name and address on the reverse y(` uaA,� ❑Addressee a •c a3 2 so that we can return the card to you. B. R:._ ,.by(.,..... ) C. Date of Def ri v m m Attach this card to the back of the meliorate, �y-b� m g m or on the front if space permits. � I D. Is delivery address different from item 1? • Yes !f I. Article Addressed to: If YES,enter delivery address below: O No A (J ID m . o .(k\-) cc Lnyte g ❑0� " ' a a to 3 ,� 2 r n � N g / 'b m I° C(It) A1�(1�Q g = — g IA 0O-Tec. SkC.cloI 3. ServiceType m 3 a s n I B Certified Man ❑Express Mall 3 < I r•, y v-.T l.�t, , 03 9C}(p t ❑Registered ❑Return Receipt for Merchandise I a k Q J ❑ Insured Mail O C.O.D. y n �� n g � 2 4. Restricted Delivery?(Extra Fee) ❑Yes O L Article Number s g (ransferfrom serv?celabel) 7010 1670 0000 2044 5955 • I i E f 'S Form 3811,February 2004 Domestic Return Receipt 102595-2-M-1541 ag r z < s '2. 1. o a I as iEN aE•:C•M•LETETHIS SECTION C.M•LETE THIS SECTION•N•ELIVE-Y g I Complete items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery Is desired. X O Agent ■ Print your name and address on the reverse O Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. ®ply. 1. Article Addressed to: D. Is delivery address different from item 1? O Yes If YES,enter delivery address below: O No (AAA a-Ckx\\k. eumm651cnors ,a�� Tenth is - p_ ` .0. lJ&�` 1" B 3. Service Type ittg � 4 .—t('C k+. i ( 0. `0 2_ M Certified Mall ❑Express Mall ,� rr x Registered ❑Return Receipt for Merchandise • e r IBIT ' O Insured Mall O C.O.D. „{. s 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7010 1670 0000 2044 5962 Hello