HomeMy WebLinkAbout20120424.tiff WELD COUNTY
WELD COUNTY DISTRICT COURT i, MMISSIONER
901 9th Street pp }
Greeley, CO 80631 FFILEDDocument—DistrictCoorttllL FEB -2 P 3
2,112(1,692,112(1,69970 351-7300
( ) (O♦Veld County District Court 19th t ECEIVEL
E(V E C
ROCKY MOUNTAIN GUN OWNERS, fling Date:Jan 35 2612 6:421'11its
Filing ID:42137471
1501 Main Street, Ste. 200
Windsor, CO 80550
PLAINTIFF.
v.
COUNTY COMMISSIONERS OF WELD COUNTY COURT USE ONLY
1150 "O" Street
Greeley, CO 80632
Case Number:
and
BANNER HEALTH, INC.,
Northern Colorado Medical Center
1801 16th Street Div.: Ctrm:
Greeley, CO 80631
and
Richard O. Sutton, President
Northern Colorado Medical Center
1801 161h Street
Greeley, CO 80631
DEFENDANTS.
Attorney:
TERRANCE L. RYAN, Atty. Reg. #40009
800 Marshall Street
Fort Collins, CO 80525
Phone/Fax: 970-682-2069
Email: theryanlawfirm@aol.com
DISTRICT COURT CIVIL (CV)CASE COVER SHEET
FOR INITIAL PLEADING OF COMPLAINT
1. This cover sheet shall be filed with each pleading containing an initial claim for relief in every
district court civil (CV) case, and shall be served on all parties along with the pleading. It shall
not be filed in Domestic Relations (DR), Probate (PR), Water (CW), Juvenile (JA, JR, JD, JV), or
Mental Health (MH) cases. Failure to file this cover sheet is not a jurisdictional defect in the pleading
but may result in a clerk's show cause order requiring its filing.
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2. Check one of the following:
❑This case is governed by Chief Justice Directive("CJD") 11-02 and the"Colorado Civil Access Pilot Project
Rules Applicable to Business Actions in District Court"because:
- The case is filed within the period of January I,2012 through December 31,2013;AND
- The case is filed in a Pilot Project participating jurisdiction (Adams County, Arapahoe County,
Denver County,Gilpin County,or Jefferson County);AND
- The case is a"Business Action"as defined in CJD 11-02,Amended Appendix A for inclusion in the
Pilot Project.
E This case is not governed by the Colorado Civil Access Pilot Project Rules.
NOTE: Cases subject to the Colorado Civil Access Pilot Project must be governed by the Rules in CJD 11-02
(available at http://www.courts.state.co.us/Courts/Supreme Court/Directives/Index.cfm). The presiding judge
will review Item 2 for accuracy. The designation on this initial Cover Sheet will control unless the Court orders
otherwise.
3. If this case is not governed by the Colorado Civil Access Pilot Project Rules as indicated in
Item 2, check the following:
E This case is governed by C.R.C.P. 16.1 because:
- The case is not a class action, forcible entry and detainer, C.R.C.P. 106, C.R.C.P. 120, or other
similar expedited proceeding;AND
- A monetary judgment over $100,000 is not sought by any party against any other single party.
This amount includes attorney fees,penalties,and punitive damages;it excludes interest and costs,
as well as the value of any equitable relief sought.
❑This case is not governed by C.R.C.P. 16.1 because(check ALL boxes that apply):
❑The case is a class action, forcible entry and detainer, C.R.C.P. 106, C.R.C.P. 120, or other
similar expedited proceeding.
❑A monetary judgment over $100,000 is sought by any party against any other single party.
This amount includes attorney fees,penalties,and punitive damages;it excludes interest and costs,
as well as the value of any equitable relief sought.
NOTE:In any case to which C.R.C.P. 16.1 does not apply, the parties may elect to use the simplified procedure
by separately filing a Stipulation to be governed by the rule within 35 days of the at-issue date. See C.R.C.P.
16.1(b)(1)(re:case type)and C.R.C.P. 16.1(e) (re:amount in controversy). In any case to which C.R.C.P. 16.1
applies, the parties may opt out of the rule by separately filing a Notice to Elect Exclusion (JDF 602) within 45
days of the at-issue date. See C.R.C.P. 16.1(d).
❑A Stipulation or Notice with respect to C.R.C.P. 16.1 has been separately filed with the Court,indicating:
❑C.R.C.P. 16.1 applies to this case.
❑C.R.C.P. 16.1 does not apply to this case.
4. ❑This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38. (Checking this
box is optional.)
Date:January 25,2012 /s/Terrance L.Ryan
Terrance L.Ryan
Attorney for Plaintiff
WELD COUNTY DISTRICT COURT
901 9th Street EFA I.ED Document—District Court
Greeley, CO 80631 2912ev69
(970) 351-7300 CO weld Count District Court 19th JD
I ding Date:Jan 25 2012 6:421' 1 MIST
ROCKY MOUNTAIN GUN OWNERS, Filing ID:42137471
1501 Main Street, Ste.200
Windsor, CO 80550
PLAINTIFF.
v.
COUNTY COMMISSIONERS OF WELD COUNTY
1150 "O" Street
Greeley, CO 80632
and
BANNER HEALTH,INC.,
Northern Colorado Medical Center COURT USE ONLY
1801 16th Street
Greeley, CO 80631
and Case Number:
Richard O. Sutton,President
Northern Colorado Medical Center
1801 16th Street Div.: Ctrm:
Greeley, CO 80631
DEFENDANTS.
Attorney:
TERRANCE L. RYAN, Atty. Reg. #40009
800 Marshall Street
Fort Collins, CO 80525
Phone/Fax: 970-682-2069
Email: theryanlawfirm@aol.com
CIVIL SUMMONS
TO THE ABOVE NAMED DEFENDANTS: COUNTY COMMISSIONERS OF WELD
COUNTY, BANNER HEALTH and RICHARD O. SUTTON
1
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an
answer or other response to the attached Complaint. If service of the Summons and Complaint
was made upon you within the State of Colorado, you are required to file your answer or other
response within 21 days after such service upon you. If service of the Summons and
Complaint was made upon you outside of the State of Colorado, you are required to file your
answer or other response within 35 days after such service upon you. Your answer or
counterclaim must be accompanied with the applicable filing fee.
If you fail to file your answer or other response to the Complaint in writing within the
applicable time period, the Court may enter judgment by default against you for the relief
demanded in the Complaint without further notice.
Dated: January 25, 2011 /s/Terrance L. Ryan
Terrance L. Ryan
Attorney for Plaintiff
This Summons is issued pursuant to Rule 4, C.R.C.P.,as amended.A copy of the
Complaint must be served with this Summons. This form should not be used where
service by publication is desired.
2
WELD COUNTY DISTRICT COURT
901 9th Street
Greeley, CO 80631 F FILED Document—District Court
2012c°69
(970) 351-7300
CO'%cld County District Court 19th JD
ROCKY MOUNTAIN GUN tiling Date:Jan 2,2012 6:421'M NISI
OWNERS, Filing ID:4213747i
1501 Main Street, Ste.200
Windsor, CO 80550
PLAINTIFF.
v.
COUNTY COMMISSIONERS OF WELD COUNTY
1150 "O" Street
Greeley, CO 80632
and
BANNER HEALTH,INC.,
Northern Colorado Medical Center
1801 16th Street
Greeley, CO 80631
and COURT USE ONLY
Richard O. Sutton, President Case Number:
Northern Colorado Medical Center
1801 16th Street
Greeley,CO 80631
DEFENDANTS. Div.: Ctrm:
Attorney:
TERRANCE L. RYAN, Atty. Reg. #40009
800 Marshall Street
Fort Collins, CO 80525
Phone/Fax: 970-682-2069
Email: theryanlawfirm@aol.com
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
Now comes the plaintiff, Rocky Mountain Gun Owners, and for its Complaint against the
County Commissioners of Weld County, Banner Health, Inc. and Richard O. Sutton states as
follows:
1. This suit seeks declaratory and injunctive relief against defendants which seek to prohibit
the free exercise of the People's rights to keep and bear arms including the concealed
carry of firearms by persons duly licensed to do so at a hospital owned and operated by
defendants and known as the Northern Colorado Medical Center(hereinafter, "NCMC").
Defendants have endeavored to deny such rights by adopting restrictive policies that
forbid concealed carry of firearms on the premises of NCMC, even by persons licensed to
do so.
2. Jurisdiction over this action is founded on the Uniform Declaratory Judgments Law,
C.R.S. 13-51-101 et seq.. Venue is proper in this Court because the property in question
is located in Weld County and the acts of which complaint is made occurred in Weld
County.
3. Plaintiff Rocky Mountain Gun Owners (hereinafter, "RMGO") is a Colorado nonprofit
corporation which actively promotes the protection of rights secured by the Second
Amendment to the United States Constitution(the right to keep and bear arms). RMGO
has its principle place of business in Larimer County, Colorado.
4. Defendant Weld County Commissioners (hereinafter, "Weld County") is a governmental
entity organized and existing under the laws of the State of Colorado. Weld County owns
the real property that is NCMC.
5. Defendant Banner Health(hereinafter, "Banner") is an Arizona nonprofit corporation and
operator of medical facilities. On information and belief, Banner operates NCMC
pursuant to a contract with Weld County. Richard O. Sutton is the chief executive officer
of Banner.
FACTUAL BACKGROUND
6. Banner operates NCMC in Greeley, Colorado pursuant to an agreement with the owner of
that facility, Weld County.
7. The NCMC facility prominently displays signage at its entrances that forbids the
possession of firearms in the facility. That prohibition applies even to persons who are
licensed under applicable Colorado law to carry a concealed handgun in all areas of the
state.
8. Neither Weld County nor Banner screens any persons entering the facility to determine if
such persons are armed and there is no provision for secure storage of any weapon that
might be lawfully brought into the NCMC facility.
COUNT ONE—DECLARATORY RELIEF
9. Owned by Weld County, NCMC is a public building and the carrying of a concealed
firearm by properly licensed individuals may only be prohibited if the public entity
complies with the provisions of C.R.S. 18-12-214. That statute requires that all persons
entering the facility be screened for weapons and that security personnel retain any
weapon found while an individual is in the facility. Defendants do none of these things
and the asserted prohibition against weapons in the facility is, therefore, a nullity.
Plaintiff prays this court to enter declaratory judgment finding the NCMC weapons ban
to be contrary to Colorado law and to enter an injunction prohibiting defendants from
enforcing the NCMC weapons policy unless and until defendants comply with C.R.S. 18-
12-214.
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WHEREFORE:
1. This Court should grant declaratory judgment in favor of plaintiff and enter an injunction
prohibiting defendants from enforcing the NCMC weapons ban until such time as
defendants comply with the requirements of Colorado law, and,
2. Order that plaintiff be allowed to recover its costs, including reasonable attorneys' fees,
expended herein, and,
3. Order such other relief as this Court may find appropriate in the circumstances.
Respectfully submitted,
/s/Terrance L. Ryan
Terrance L. Ryan
THE TERRY RYAN LAW FIRM, LLC
Counsel for Plaintiff
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