HomeMy WebLinkAbout20083214.tiff WELD COUNTY, COLORADO
NOTICE OF CLAIM UNDER THE GOVERNMENTAL IMMUNITY ACT
IN RE:
MICHAEL TALAMANTES
Claimant.
NOTICE IS HEREBY GIVEN TO THE FOLLOWING ENTITIES:
TO: ATTORNEY GENERAL OF COLORADO
JOHN COOKE, SHERIFF OF WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
BRUCE BARKER, WELD COUNTY ATTORNEY
KENNETH BUCK, WELD COUNTY DISTRICT ATTORNEY
CITY COUNCIL OF GREELEY, COLORADO
RICK BRADY, CITY ATTORNEY OF GREELEY, COLORADO
Grrr#ings:
YOU ARE NOTIFIED PURSUANT TO C.R.S. 24-10-109, ET SEC),
OF THE FOLLOWING CLAIMS:
1 . INTRODUCTION.
a. On Monday, June 9, 2008 at approximately 6:32 a.m.,
claimant Michael Talamantes was unlawfully arrested by
Greeley, Colorado municipal police officer Peter C. Bratton
in the city of Greeley, Colorado.
b. Mr. Talamantes was arrested pursuant to an arrest warrant
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that was improperly issued, without probable cause, for the
arrest of "Michael Talamantes" who bore no resemblance
to the claimant, had a different date of birth, and in all other
respects was clearly not the same person. Despite repeat-
edly explaining the error to the Greeley police officer, the
officer nonetheless unlawfully arrested Mr. Talamantes.
c. After being arrested by the Greeley police officer, Mr.
Talamantes was transported to the correctional and jail
facility of the County of Weld under the custody and control
of the sheriff of Weld County. There, Mr. Talamantes
repeatedly explained to sheriff's personnel that he was not
the person for whom the arrest warrant was purportedly
issued.
d. Despite unmistakable and repeated confirmation that the
claimant was not the actual person sought pursuant to the
arrest warrant, and repeated confirmation that Mr.
Talamantes was being held in custody pursuant to a case
of mistaken identity, deputy sheriffs and other personnel of
the Weld County sheriff's department repeatedly refused to
release Mr. Talamantes from custody.
e. The arrest warrant upon which Mr. Talamantes was ar-
rested was issued based upon the affidavit of Greeley
police officer James Coggswell. The affidavit was based
upon negligent, reckless and wanton and willful investiga-
tion by members of the Greeley Police Department, which
improperly led a judge to sign a warrant for the arrest of Mr.
Talamantes.
f. Despite actual knowledge of the fact that Mr. Talamantes
was improperly and unlawfully arrested and detained,
pursuant to a case of mistaken identity, deputy sheriffs of
the Weld County Sheriff's Department continuously and
repeatedly refused to release Mr. Talamantes from cus-
tody. The conduct of police officers caused Mr.Talamantes
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to be falsely and unconstitutionally imprisoned and
detained. As a result of the conduct of the police officers
and sheriff's personnel, Mr. Talamantes was restrained of
his liberty, unable to go to work, and lost wages and in-
curred substantial emotional distress as result of his arrest
and confinement.
g. Had proper procedures been in effect at the Greeley Police
Department and the Weld County Sheriff's Department,
and had the correctional and jail facility at the Weld County
Sheriff's Department been properly operated, with properly
trained personnel, Mr. Talamantes would not have suffered
injuries by unlawful detention and false imprisonment.
h. Upon information and belief, the government entities
involved in the unlawful arrest, detention and confinement
of Mr. Talamantes operated under inadequate and incom-
petent rules, regulations and policies, or to the extent that
regulations and policies were in place, they were not
followed. Upon information and belief, the entities involved
either deliberately did not adopt, or were deliberately
indifferent to their failures to adopt policies to prevent
unlawful arrest and detention of Mr. Talamantes and the
injuries suffered by him.
2. NAME AND ADDRESS OF CLAIMANT AND ATTORNEY.
a. The claimant is Michael Talamantes, 183 20th Avenue Ct.,
Greeley, CO 80631 . He is represented by attorney Greg-
ory Fasing, Fasing Law Firm P.C., 410 17th Street, Suite
1300, mailing address: P.O. Box 2 0 0 3 4 0, Denver,
Colorado, 80220, telephone 303-692-8833, telefax 303-
692-8557, e-mail: consulden@aol.com.
3. NAMES AND ADDRESSES OF KNOWN PUBLIC EMPLOYEES.
a. We are not presently aware of all the names and
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addresses of the public employees. They include, without
limitation:
i. Weld County Sheriff's Department, 1950 O St
Greeley, CO 80631 .
(1) Jason B. Anderson.
(2) Criss Clinton.
(3) Brenda Murley.
ii. Colorado Bureau of Investigation, 690 Kipling St,
Denver, CO 80215.
iii. Colorado State Patrol, 700 Kipling St, Denver, CO
80215.
iv. Evans Police Department, 1100 37th Street, Evans,
CO 80620.
(1) Stason Ikenouye, Case No. 020195
v. Greeley Police Department, 2875 W. 10th St.,
Greeley, CO 80634.
(1) Peter C. Bratton.
(2) James Coggswell.
(3) John Koutsoukos.
(4) Tanya Alvarez.
(5) Kell Hulsey.
(6) Roger Ainsworth
(7) Mike Estes.
(8) Report No. 02-23472.
(9) Report No. 02-22946.
vi. Weld County District Attorney, 915 10TH ST
Greeley, CO 80632.
(1) Christian J. Schulte.
4. STATEMENT OF CLAIMS AND NATURE AND EXTENT OF
INJURIES.
a. As a direct result of his unlawful arrest, detention,
confinement and false imprisonment, Mr. Talamantes has
incurred substantial economic and noneconomic damages
including, without limitation, lost wages, impaired earning
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capacity, emotional distress, worry, anxiety, damage to
reputation, attorney's fees and costs.
b. Claimant demands monetary damages and costs against
the government agencies, entities and employees involved,
which include claims for false imprisonment;
negligent/intentional/wanton and willful operation of a
correctional facility and jail; battery; violations of 42 U.S.C.
§1983; violations of the Fourth and Fourteenth
Amendments to the U . S. Constitution ;
negligent/intentional/wanton and willful operation and use
of a motor vehicle to falsely imprison; negligence per se;
willful and wanton conduct; premises liability; and other
related legal claims the full scope and identity of which are
not presently known.
5. STATEMENT OF MONETARY DAMAGES REQUESTED.
a. This notice is provided pursuant to the Governmental
Immunity Act, C.R.S. 24-10-109, et seq.,and the act re-
quires that we state a dollar figure for the amount of dam-
ages requested. Because it is impossible to precisely
predict the actual amount of losses in a specific dollar
amount at this time, the best estimate we can state for
purposes of this notice is the maximum allowed by law,
$150,000.00 per person, or as a fact finder may fix after
hearing all of the evidence, or as an aggregate amount of
$400,000.00 for all injuries occasioned by the conduct, or
such amount as may be expanded or provided by law in the
future at the time damages are determined by the fact
finder, or to the full extent of insurance coverage provided
by law, whichever figure is the fairest to compensate the
victim for the injuries sustained. In addition, pursuant to
C.R.S. 24-10-114, if the fact finder or court determines that
fair compensation exceeds these amounts, we reserve the
right to petition the Colorado General Assembly to pass a
bill to pay the full amount.
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b. Claims are made for fair and reasonable monetary com-
pensation, without limitation, for pre-judgment and post-
judgment interest from the earliest applicable date, any
available punitive and penalty damages, attorney's fees,
litigation costs, impaired earning capacity, damage to
reputation, costs of correcting records, pain and suffering,
loss of enjoyment of life and lost wages to compensate Mr.
Talamantes for all injuries and losses stated in this notice,
and to carry out the purposes of punitive, exemplary and
penalty damages, and it is anticipated that additional
expenses will be incurred in the future.
Respectfully submitted,
FASING LAW FIRM P.C.
itderai
Gregory Fasing, No. 7631
410 17th Street, Suite 1300
P. O. Box 200340
Denver, Colorado 80220
303 692-8833
CERTIFICATE OF MAILING
I hereby certify that an accurate copy of this notice of claim under the
governmental immunity act was placed in the United States mail, postage
prepaid, certified mail, return receipt requested, on Sunday, November 30,
2008 13:12:7 hours, to the following persons:
MR MICHAEL TALAMANTES
183 20TH AVE CT
GREELEY CO 80631
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JOHN SUTHERS ESQ
ATTORNEY GENERAL
1525 SHERMAN ST 7th FL
DENVER CO 80203
SHERIFF JOHN COOKE
WELD COUNTY SHERIFF
1950O ST
GREELEY CO 80631
BRUCE BARKER ESQ
WELD COUNTY ATTORNEY
915 10TH ST
GREELEY CO 80632
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
915 10TH ST
GREELEY CO 80632
RICK BRADY ESQ
CITY ATTORNEY
1100 10th ST STE 401
GREELEY CO 80631
KENNETH BUCK ESQ
DISTRICT ATTORNEY
915 10TH ST
GREELEY CO 80632
GREELEY CITY COUNCIL
1000 10th ST
GREELEY CO 80631
Mettl _
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