HomeMy WebLinkAbout20081800.tiff CARDER LAW FIRM', P.C.
3617 SOUTH ACOMA STREET
ENGLEWOOD,COLORADO 80110
303-789.1984/970-308-4580/FAX 303-648-4204
DENNIS L.CARDER,ESQ.
dennis@carderlawfirmpc.com
VIA REGISTERED MAIL AND REGULAR U.S. MAIL
October 3, 2005
David Long Bill Garcia
915 Tenth Street 915 Tenth Street
P. O. Box 758 P. O. Box 758
Greeley CO 80632 Greeley CO 80632
Douglas Rademacher John Cooke
915 Tenth Street 910 Tenth Avenue
P. O. Box 758 Greeley, CO 80631
Greeley CO 80632
Bruce Barker
William"Bill"Jerke 915 10th St
915 Tenth Street P.O. Box 758
P. O. Box 758 Greeley, CO 80632
Greeley CO 80632
Rob Masden
915 Tenth Street
P. O. Box 758
Greeley CO 80632
Re: Bruce Edward Svoboda
DOB: February 28, 1972
Date of Loss: December 18,2007 and continuing until February of 2008.
Mice Elizabeth Watson
DOB: September 12, 1972
Date of Loss: December 18, 2007 and continuing until February of 2008.
NOTICE OF POTENTIAL CLAIM
Pursuant to C.R.S. § 24-10-109(1)and(2),please be apprized of the following:
6 24-10-109(2)(x): Name and Address of Claimant(s):
a LICENSED IN COLORADO,UNrrED STATES FEDERAL COURT/DISTRICT OF COLORADO,
MESKWAKI(SAC&Fox),SICANGU OVATE(ROSEBUD SIOUX)AND APAASALOOKE(CROW)TRIBAL COURTS
•
e>2,0 it--
e e C iE 2008-1800
616 -mss v8'
Bruce Edward Svoboda& Alice Elizabeth Watson
c/o Carder Law Firm, P.C.
3617 South Acoma Street
Englewood, Colorado 80110
(303) 789-1984
S 24-10-109(21(a): Name and Address of Attorney:
Dennis L. Carder, Esq.
Carder Law Firm, P.C.
3617 South Acoma Street
Englewood, Colorado 80110
(303) 789-1984
S 24-10-109(21(b) Basis of Claim:
As our investigation into this matter is ongoing, it has yet to be determined to what extent(if any)
Weld County and the Weld County Sheriff's Department is responsible for this incident. This
notice is provided as a summary of our client's potential claims based on the information
available at this time:
Mr. Svoboda and Ms. Watson are asserting claims arising from damages sustained during their
arrest and extradition by the Weld County Sheriff's Department. Mr. Svoboda and Ms. Watson
had been renting a house from a party named William Thomson. After Mr. Svoboda and Ms.
Watson moved out of this house,the new owner, Gene Ernest Fischer, falsely reported that
several items from the house had been stolen by Mr. Svoboda and Ms. Watson. It appears from
the Weld County Sheriff's Office Incident Reports,that a warrant was obtained based upon an
investigation which failed to provide any proof that either Mr. Svoboda or Ms. Watson had
removed any of the stolen items. Many of the items reported stolen did have recorded serial
numbers, and none of these numbers have been traced to Mr. Svoboda or Ms. Watson. In fact,
Mr. Svoboda and Ms. Watson produced cell phone records indicating they were actively making
telephone calls over a thousand miles away at the time these alleged thefts occurred.
Although these charges were subsequently dropped, Mr. Svoboda and Ms. Watson continued to
receive communication from the Weld County Sheriff's Department indicating that the Sheriff's
Department still considered them guilty and that they could be rearrested at anytime. Personnel
from the Sheriff's Department apparently shared these thoughts with member of the community
thereby damaging the reputation of Mr. Svoboda and Ms. Watson.
As a result of the arrest, extradition and the subsequent comments, Mr. Svoboda and Ms.
Watson's lives have been extremely disrupted, they lost what few possessions they did have, and
Mr. Svoboda lost the job he had left Colorado to pursue.
S 24-10-109(2)(c): Public Responsibilities
Mr. Svoboda and Ms. Watson were both arrested on information lacking probable cause which
would have been revealed had a proper investigation been performed. In conducting an arrest, a
LICENSED IN COLORADO,UNITED STATES FEDERAL COURT/DISTRICT OF COLORADO,
MESKWAKI(SAC&FOX),SICANGU OVATE(ROSEBUD SIOUX)AND APAASALOOKE(CROW)TRIBAL COURTS
peace officer must be"acting in good faith within the scope of his or her duties." C.R.S. § 18-3-
303. Further, by causing an arrest lacking probably cause, mthis incident subjected Mr. Svoboda
and Ms. Watson to a violation of their 4th Amendment Constitutional rights by officers of the
Weld County Sheriffs Office acting while under the color of law and enforceable through 42
USC 1983.
§ 24-10-109(21(d): Nature and Extent of Claims
Mr. Svoboda and Ms. Watson seek compensation for his injuries resulting from the arrest. They
will be pursuing all remedies available under Colorado and/or Federal law, including, but not
limited to actions for negligence and resulting damages or violation of their Civil Rights,
including but not limited to: bodily injury;pain and suffering; disability; loss of earnings and/or
earning capacity; past and future medical expenses; and all other damages authorized by law,
including attorney's fees, interest, costs, etc.
8 24-10-109(21(e): Monetary Damages
The exact amount of monetary damages are unknown at this time,but due to their loss of
property,wages, and emotional harm,these damages are fairly substantial and may exceed
applicable statutory maximums, if any.
Thank you in advance for your prompt attention to this matter.
Sinc ,
ennis L. arder, Esq.
cc: Bruce Svoboda
Alice Watson
LICENSED IN COLORADO,UNITED STATES FEDERAL COURT/DISTRICT OF COLORADO,
MESKWAKI(SAC&FOX),SICANGU OVATE(ROSEBUD SIOUX)AND APAASALOOKE(CROW)TRIBAL COURTS
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