HomeMy WebLinkAbout20071931.tiff SUMMONS IN A CIVIL ACTION
United States District Court
for the District of Colorado
Civil Action No. 1:06-cv-2139 W Din—t31"rP
JOSEPH CULPEPPER and MEAGAN CULPEPPER
by her next friend Joseph Culpepper
Plaintiffs,
v.
THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO,THE WELD COUNTY DEPARTMENT SUMMONS
OF SOCIAL SERVICES,JUDY GRIEGO in her capacity as Director
of Weld County Department of Social Services,UNKNOWN
EMPLOYEES of Weld County Department of Social Services,JODY
RUPPLE,JODEE RUPPLE and CAROLYN OLSON
Defendants
To the above named Defendant(s):
You are hereby summoned and required to serve upon
plaintiff's attorney,whose address is:
David W.Pehr,Esq.
Zak, Fox&Pehr,P.C.
8787 Turnpike Drive,Suite 280
Westminster,CO 80031-4300
AND FILE WITH THE CLERIC OF THE COURT
an answer to the complaint which is herewith served upon you,within 20 days of service of this summons upon you,
exclusive of the day of service. If you fail to do so,judgment by default will be taken againstyou for the relief demanded
in the complaint.
Gregory C. gh , lerk
By:
9" wa Deputy Clerk
JUN 27
Date: b - J . oprt)
p
Clerk,U.S.District Court,Room A-105,Alfred A. Arraj U.3JJ( o . 901 19°Street,Denver,CO 80294-3589
NOTE:This summons is issued pursuant to Rule 4 of the Federal Iuf Civil Procedure
`,e: c,p 55 2007-1931
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.
JOSEPH CULPEPPER and
MEAGAN CULPEPPER by her next friend Joseph Culpepper
Plaintiffs,
v.
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES,
JUDY GRIEGO in her capacity as Director of Weld County Department of Social Services
UNKNOWN EMPLOYEES of Weld County Department of Social Services,
JODY RUPPLE,
JODEE RUPPLE and
CAROLYN OLSON
Defendants.
Complaint
Come now the Plaintiffs, by and through their attorney, David W. Pehr of the law
Firm of Zak,Fox and Pehr,P.C., and for a complaint against defendants state and allege as follows:
General Allegations
1. Both Plaintiffs are citizens of Texas.
2. The above named individual Defendants are all citizens of Colorado.
1
3. Defendant Board of County Commissioners and Defendant Department of
Social Services are governmental bodies created by the State of Colorado, existing under and by
virtue of the laws of said state and having their principal offices in said state.
4. The matter in controversy exceeds, exclusive of interest and costs, the sum
specified by 28 USC §1332.
5. This action arises under the First,Fourth,Fifth and Fourteenth Amendments
to the Constitution of the United States and under 42 U.S.C.A. §1983.
6. Jurisdiction thus properly lies in the United States District Court for the
District of Colorado.
7. Plaintiff Meagan Culpepper is the daughter of Plaintiff Joseph Culpepper.
8. On November 28, 2000, Defendants Board of County Commissioners and
Weld County Social Services intentionally, wrongfully and without cause, removed Meagan
Culpepper from the care, custody and control of her father.
2
9. In so doing, said defendants acted by and through certain employees of Weld
County Social Services whose names are currently unknown to Plaintiffs and who are joined herein
as Unknown Employees of Weld County Department of Social Services.
10. At the lime defendants removed Meagan Culpepper from her father's care,
custody and control,Defendant Griego was the Director of Defendant Weld County Social Services.
11. As Director of Weld County Social Services,Defendant Griego was in control
of said department and was responsible for the creation and administration of the policies and
procedures governing the employees of said department.
12. As Director of Defendant Weld County Social Services, Defendant Griego
was in responsible charge of the operations of said department and of the actions of its employees
13. In removing Meagan Culpepper from the care, custody and control of her
father,said defendant Unknown Employees were acting pursuant to and in accordance with policies
and procedures established and approved by Defendant Griego and under said Defendant's direction
and control.
3
14. Defendants wrongfully caused the care, custody and control of Meagan
Culpepper to be placed in Defendants Rupple.
15. In the course of legal proceedings brought by the Weld County Defendants,
Defendant Carolyn Olson was appointed as guardian ad litem for Meagan Culpepper.
16. Defendants Rupple wrongfully and intentionally claimed the permanent care,
custody and control of Meagan Culpepper in derogation of the rights of Joseph Culpepper.
17. The Weld County Defendants and Defendant Olson wrongfully and
intentionally aided, assisted and supported Defendants Rupple in their attempt to deprive Joseph
Culpepper of his parental rights.
18. The Weld County Defendants and Defendant Olson wrongfully and
intentionally assisted and supported Defendants Rupple in their attempt to deprive Meagan
Culpepper of her right to reside with her father and enjoy the benefits of his affection and support.
19. Meagan Culpepper was not returned to the care custody and control of her
father until October, 2005.
4
20. Defendants, acting severally and in concert, wrongfully, deliberately and
intentionally deprived Joseph Culpepper of his parental rights and of the love, affection and
companionship of his daughter Meagan Culpepper for a period of four years.
21. Defendants, acting severally and in concert, wrongfully, deliberately and
intentionally deprived Meagan Culpepper of her right to the love, affection support and
companionship of her father for a period of four years.
22. Defendants, acting severally and in concert, wrongfully, deliberately and
intentionally seized the body of Plaintiff Meagan Culpepper and did thus deprive her of her liberty
for a period of four years.
23 At all times,Plaintiffs and each of them were citizens of the United States.
24 Defendants above acts deprived Plaintiffs of rights,privileges and immunities
secured by the Constitution of the United States and, specifically, by the First, Fourth, Fifth and
Fourteenth Amendments thereto.
5
25. Defendants above acts were performed under color of the statutes of the state
of Colorado and the ordinances of the County of Weld.
26. The above acts of the Defendants were such as to subject the Defendants and
each of them to liability to Plaintiffs pursuant to the provisions of 42 U.S.C.A. §1983.
First Claim for Relief
(On behalf of Meagan Culpepper under 42 U.S.C.A. §1983)
27. Plaintiff Meagan Culpepper was injured and damaged by Defendants above
acts and the consequent deprivation of her rights, privileges and immunities as secured by the
Constitution of the United States and, specifically, by the First, Fourth, Fifth and Fourteenth
Amendments thereto.
28. To Plaintiff Meagan Culpepper's damage in the sum of five million dollars.
29. Said Plaintiff is entitled to recover her attorney fees as incurred herein
pursuant to 42 U.S.C.A. §1983.
6
Wherefore Plaintiff Meagan Culpepper prays judgment against Defendants and each
of them in the amount of five million dollars,together with costs of this action and her attorney fees
as incurred herein.
Second Claim for Relief
(On behalf of Joseph Culpepper under 42 U.S.C.A. §1983)
30. Plaintiff Joseph Culpepper was injured and damaged by Defendants above acts
and the consequent deprivation of his rights, privileges and immunities as secured by the
Constitution of the United States and, specifically, by the First, Fourth, Fifth and Fourteenth
Amendments thereto.
31. To Plaintiff Joseph Culpepper's damage in the sum of three million dollars.
32. Said Plaintiff is entitled to recover his attorney fees as incurred herein
pursuant to 42 U.S.C.A. §1983.
Wherefore Plaintiff Joseph Culpepper prays judgment against Defendants and each
of them in the sum of three million dollars, costs of this action and attorney fees as incurred herein.
7
Plaintiffs demand trial to jury of all issues so triable.
Respectfully submitted,
David W. Pehr-Atty Reg No. 7223
Attorney for Plaintiffs
8
Hello