HomeMy WebLinkAbout20082697.tiff DISTRICT COURT
CITY AND COUNTY OF DENVER, COLORADO
1437 Bannock Street
Denver, Colorado 80202
Plaintiffs: THERESA ZORDEL, individually and
as a representative on behalf of persons similarly A COURT USE ONLY A
situated; and, ALLISON KNUDSON, individually
and as a representative on behalf of persons
similarly situated. Case Number:
Defendants:AVALON CORRECTIONAL Division/Courtroom:
SERVICES, INC.; ADAMS COMMUNITY
CORRECTIONAL PROGRAMS,INC.; CHRIS
MEYER;TOM SULLIVAN;HEIDI FAUST;
WELD COUNTY BOARD OF COUNTY
COMMISSIONERS; ADAMS COUNTY BOARD
OF COUNTY COMMISSIONERS; and STATE OF
COLORADO.
Paul Gordon
Limited Liability Company
650 South Cherry Street, Suite 835
Denver, Colorado 80246
303-756-0800
Registration Number 21860
SUMMONS
The People of the State of Colorado
To the Defendant named above: WELD COUNTY BOARD OF COUNTY COMMISSIONERS
You are sur^^+oned and required to file with the clerk of this court an answer or other response to
the attached Complaint within twenty(20)days after this Summons is served on you in the State of Colorado,
or within thirty(30)days after this Summons is served on you outside the State of Colorado.
If you fail to file your answer or other response to the Complaint in writing within the applicable
time period,judgment by default may be entered against you by the court for the relief demanded in the
Complaint,without any further notice to you.
The following documents are also served with this Summons:Civil Cover Sheet and Complaint.
Dated: August 26, 2008. PAUL GORDON,LLC
By: /1/04-2(
Paul Gordon
ATTORNEY FOR PLAINTIFF
This Summons is issued pursuant to Rule 4,CRCP,as amended. A copy of the Complaint must be
I �. served with this Summons.
2008-2697
DISTRICT COURT
CITY AND COUNTY OF DENVER, COLORADO
1437 Bannock Street
Denver, Colorado 80202
Plaintiffs: THERESA ZORDEL, individually and
as a representative on behalf of persons similarly A COURT USE ONLY A
situated; and, ALLISON KNUDSON,individually
and as a representative on behalf of persons
similarly situated. Case Number:
Defendants: AVALON CORRECTIONAL Division/Courtroom:
SERVICES, INC.;ADAMS COMMUNITY
CORRECTIONAL PROGRAMS,INC.;CHRIS
MEYER; TOM SULLIVAN; HEIDI FAUST;
WELD COUNTY BOARD OF COUNTY
COMMISSIONERS; ADAMS COUNTY BOARD
OF COUNTY COMMISSIONERS; and STATE OF
COLORADO.
Paul Gordon
Limited Liability Company
650 South Cherry Street, Suite 835
Denver, Colorado 80246
303-756-0800
Registration Number 21860
COMPLAINT AND JURY DEMAND
Plaintiffs, Theresa Zordel and Allison Knudson,through counsel,Paul Gordon, LLC, for
their claims against Defendants, allege as follows:
PARTIES
1. Plaintiff Theresa Zordel is a resident of the State of Colorado.
2. Plaintiff Allison Knudson is a resident of the State of Colorado.
3. Defendant Avalon Correctional Services,Inc. ("Avalon") is a Nevada Corporation doing
business in the State of Colorado.
4. Defendant Adams Community Corrections Program,Inc. ("ACCP") is a Colorado
nonprofit corporation.
5. Upon information and belief, Avalon is the sole owner of ACCP.
6. At all times pertinent, Defendant Chris Meyer was a resident of the State of Colorado.
7. At all times pertinent, Defendant Tom Sullivan was a resident of the State of Colorado.
8. At all times pertinent, Defendant Heidi Faust was a resident of the State of Colorado.
9. Defendant Weld County Board of County Commissioners("Weld County") is a political
subdivision of the State of Colorado.
10. Defendant Adams County Board of County Commissioners ("Adams County") is a
political subdivision of the State of Colorado.
11. At all times pertinent,Defendant Chris Meyer was acting within the course and scope of
his employment with Avalon,which is vicariously liable for the acts and omissions of
Defendant Chris Meyer.
12. At all times pertinent, Defendant Tom Sullivan was acting within the course and scope of
his employment with either Avalon or ACCP,or both, which are vicariously liable for the
acts and omissions of Defendant Tom Sullivan.
13, At all times pertinent, Defendant Heidi Faust was acting within the course and scope of
her employment with Avalon, which is vicariously liable for the acts and omissions of
Defendant Heidi Faust.
BACKGROUND
(Theresa Zordel)
14. At all times pertinent,Avalon operated the Villa in the County of Weld and pursuant to
promises made to Weld County and the State of Colorado.
15. Plaintiff Zordel was assigned to the Villa.
16. Defendants failed to provide Plaintiff Zordel with safe and clean facilities.
17. Defendants failed to provide Plaintiff Zordel with an environment free of sexual
harassment.
I S. Defendants refused to allow Plaintiff Zordel to transfer out of the Villa.
19. While in her room, Plaintiff Zordel was raped by an unknown assailant.
20. Plaintiff Zordel had damages, including by way of illustration and without limitation,
bodily injuries, pain, suffering, fear,anxiety, and severe emotional distress, and Plaintiff
Zordel probably will have such damages in the future.
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21. As an inmate and recovering drug addict, Plaintiff Zordel was more susceptible than an
average or normal person to bodily injuries and severe emotional distress.
BACKGROUND
(Allison Knudson)
22. At all times pertinent, Avalon and ACCP operated the Loft House in the City and County
of Denver and for the benefit of and pursuant to promises made to Adams County and the
State of Colorado.
23. Plaintiff Knudson was assigned to the Loft House.
24. Defendants failed to provide Plaintiff Knudson with safe and clean facilities.
25. Defendants failed to provide Plaintiff Knudson with an environment free of sexual
harassment.
26. Defendants failed to provide Plaintiff Knudson with reasonable and necessary treatment
for her physical and mental health conditions.
27. Defendants refused to allow Plaintiff Knudson to transfer out of the Loft House.
28. Defendants subjected Plaintiff Knudson to "treatment"by a mentally ill individual, who
was not qualified and not licensed to provide any health care.
29. Plaintiff Knudson had damages, including by way of illustration and without limitation,
pain, suffering, fear, anxiety, and severe emotional distress, and probably will have such
damages in the future.
30. As an inmate and recovering drug addict, Plaintiff Knudson was more susceptible than an
average or normal person to severe emotional distress.
CLASS A
31. Plaintiff Theresa Zordel brings this action individually and on behalf of all members of
the class of persons having been assigned to the Villa.
32. The class is so numerous that joinder of all members is impracticable.
33. Questions of law and fact common to the class include the following:
a. Whether Defendants violated the civil rights of class members;
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b. Whether Defendants were negligent;
c. Whether Defendants breached contractual duties;
d. Whether class members were intended beneficiaries of Defendants' contractual
duties; and,
e. Whether Defendants' acts and omissions were a cause of the class members'
damages.
34. Plaintiff Theresa Zordel's claims are typical of the claims of the class.
35. Plaintiff Theresa Zordel will fairly and adequately protect the interests of the class.
36. The prosecution of separate actions by individual members of the class would create a
risk of inconsistent or varying adjudications with respect to individual members of the
class and establish incompatible standards of conduct for the defendants.
37. The questions of law and fact common to the class predominate over any questions
affecting only individual members.
38. A class action is superior to other available methods for the fair and efficient adjudication
of the controversy.
CLASS B
39. Plaintiff Allison Knudson brings this action individually and on behalf of all members of
the class of persons having been assigned to the Loft House, which Avalon and ACCP
operated at all times pertinent in the County of Adams.
40. There are questions of law and fact common to the class, including the following:
a. Whether Defendants violated the civil rights of class members;
b. Whether Defendants were negligent;
c. Whether Defendants breached contractual duties;
d. Whether class members were intended beneficiaries of Defendants' contractual
duties; and,
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e. Whether Defendants' acts and omissions were a cause of the class members'
damages.
41. Plaintiff Allison Knudson's claims are typical of the claims of the class.
42. Plaintiff Allison Knudson will fairly and adequately protect the interests of the class.
43. The prosecution of separate actions by individual members of the class would create a
risk of inconsistent or varying adjudications with respect to individual members of the
class and establish incompatible standards of conduct for the defendants.
44. The questions of law and fact common to the class predominate over any questions
affecting only individual members.
45. A class action is superior to other available methods for the fair and efficient adjudication
of the controversy.
FIRST CLAIM
(Violations of Substantive and Procedural Due Process Rights Under
the Eighth Amendment,the Fourteenth Amendment,and 42 U.S.C. §1983 )
46. Plaintiffs incorporate paragraphs one through 45 of this Complaint.
47. Defendants established customs,policies,practices,and official acts for housing,
protecting, and caring for individuals assigned to the Villa and the Loft House.
48. Defendants failed to sufficiently train and supervise employees on the proper procedures
for housing, protecting, and caring for individuals assigned to the Villa and the Loft
House.
49. Defendants failed to hire employees adequately qualified and skilled to learn and perform
the proper procedures for housing,protecting, and caring for individuals assigned to the
Villa and the Loft House.
50. Either in complying with improper customs,policies,practices, and procedures or in
failing to comply with proper customs,policies,practices, and procedures,Defendants
deprived Plaintiffs of their rights to freedom from cruel and unusual punishment.
51. Defendants acted knowingly and with deliberate indifference to Plaintiffs' rights.
52. Defendants acted under the color of state law.
53. The violations of Plaintiffs' rights were a cause of Plaintiff's damages.
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SECOND CLAIM
(Outrageous Conduct)
54. Plaintiffs incorporate paragraphs one through 53 of this Complaint.
55. Defendants engaged in extreme and outrageous conduct.
56. Defendants acted recklessly or with the intent of causing Plaintiffs severe emotional
distress.
57. Defendants' conduct was a cause of Plaintiffs' severe emotional distress.
THIRD CLAIM
(Negligence)
58. Plaintiffs incorporate paragraphs one through 57 of this Complaint.
59. Defendants were negligent.
60. Defendants' negligence was a cause of Plaintiffs' damages.
FOURTH CLAIM
(Breach of Fiduciary Duty)
61. Plaintiffs incorporate paragraphs one through 60 of this Complaint.
62. Defendants were Plaintiffs' fiduciaries with respect to the housing,protecting, and
treatment of individuals assigned to the Villa and the Loft House..
63. Defendants' breached their fiduciary duties to Plaintiffs.
64. Defendants' breaches of fiduciary duties were a cause of Plaintiffs' damages.
FIFTH CLAIM
(Breach of Contract against Avalon,ACCP, Weld County, and Adams County)
65. Plaintiffs incorporate paragraphs one through 64 of this Complaint.
66. Plaintiffs were intended beneficiaries of contractual promises made by Defendants
Avalon, ACCP, Weld County, and Adams County.
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•
67. Defendants Avalon, ACCP, Weld County, and Adams County failed to perform as they
had promised.
68. The breaches of contract were a cause of Plaintiffs' damages.
69. All conditions precedent to bringing claims against Defendants have occurred or been
met.
FOR THESE REASONS,Plaintiffs request this Court to enter judgment in favor of
Plaintiffs, in their individual and representatives capacities, and against each and every
Defendant for general and special damages in an amount to be determined at trial, for interest,
costs, and attorney fees allowed by law, and for such further relief as this Court deems just.
PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL ISSUES SO TRIABLE.
RESPECTFULLY submitted this 1"day of August,2008.
PAUL GORDON,LLC
The undersigned maintains a printed copy of this
document with the original signature below.
By:
Paul Gordon
Plaintiffs' Address:
Post Office Box 392005
Denver, Colorado 80239
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DISTRICT COURT
CITY AND COUNTY OF DENVER, COLORADO
1437 Bannock Street
Denver, Colorado 80202
Plaintiffs: THERESA ZORDEL, individually and
as a representative on behalf of persons similarly A COURT USE ONLY A
situated; and, ALLISON KNUDSON,individually
and as a representative on behalf of persons
similarly situated. Case Number:
Defendants: AVALON CORRECTIONAL Division/Courtroom:
SERVICES, INC.;ADAMS COMMUNITY
CORRECTIONAL PROGRAMS, INC.; CHRIS
MEYER; TOM SULLIVAN;HEIDI FAUST;
WELD COUNTY BOARD OF COUNTY
COMMISSIONERS;ADAMS COUNTY BOARD
OF COUNTY COMMISSIONERS; and STATE OF
COLORADO.
Paul Gordon
Limited Liability Company
650 South Cherry Street, Suite 835
Denver, Colorado 80246
303-756-0800
Registration Number 21860
CIVIL CASE COVER SHEET
1. This cover sheet shall be filed with the initial pleading of a complaint, counterclaim,
cross-claim or third party complaint in every district court civil(CV) case. It shall not be
filed in Domestic Relations(DR), Probate(PR), Water(CW),Juvenile(JA. JR,JD, JV),
or Mental Health(Mil)cases.
2. Check the boxes applicable to this case.
Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party
does not seek a monetary judgment in excess of$100,000 against another party,
including any attorney fees, penalties or punitive damages, but excluding interest
and costs and because this case is not a class action or forcible entry and detainer,
Rule 106, Rule 120, or other expedited proceeding.
X Simplified Procedure under C.R.C.P. 16.1 does not apply to this case because
(check one box below identifying why 16.1 does not apply):
X This is a class action or forcible entry and detainer,Rule 106, Rule 120, or
other similar expedited proceeding, or
•
X This party is seeking a monetary judgment for more than$100,000 against
another party, including any attorney fees,penalties or punitive damages,
but excluding interest and costs(see C.R.C.P. 16.1(c)), or
Another party has previously stated in its cover sheet that C.R.C.P. 16.1
does not apply to this case.
3. X 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.)
RESPECTFULLY submitted this 1St day of August, 2008.
Paul Gordon,LLC
The undersigned maintains a printed copy of this
document with the original signature below.
By: /'i,
/
Paul Gordon
NOTICE
This cover sheet must be filed in all District Court Civil(CV)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.
This cover sheet must be served on all other parties along with the initial pleading of a complaint,
counterclaim,cross-claim,or third party complaint.
This cover sheet shall not be considered a pleading for purposes of C.R.C.P. II.
JDF 601 7/04 DISTRICT COURT CIVIL(CV) CASE COVER SHEET FOR INITIAL
PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR
THIRD PARTY COMPLAINT
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