HomeMy WebLinkAbout20022212.tiff DISTRICT COURT, WELD COUNTY, STATE
OF COLORADO
Weld County Courthouse
901 9th Avenue,
Greeley, CO 80631
Plaintiff: LARRY JONATHAN LEE,
A COURT USE ONLY A
v.
Defendants: WELD COUNTY 19T0 JUDICIAL
DISTRICT ATTORNEY'S OFFICE,WELD Case No: 02 CV 920
COUNTY SHERIFF'S DEPARTMENT, WELD Division:
COUNTY GOVERNMENT AND BOARD OF
COMMISSIONERS.
Attorney for Plaintiff:
Karin Dostal,Esq.
Atty. Reg.No: 14056
255 Canyon Blvd., Suite 200
Boulder, Colorado 80302
Phone No: (303) 413-0114 Fax No: (303)443-
1292
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
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 this Summons and Complaint was made upon
you within the State of Colorado, you are required to file your answer or other response within
twenty (20) days after such service upon you. If service of the Summons and Complaint was
made outside of the State of Colorado, you are required to file your answer or other response
within thirty (30) days after such service upon you.
If you fail to file an 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 relief demanded in
the Complaint without further notice.
The following documents are also served herewith: Complaint
p �t, ('C-;C A 6.1) PC 2002-2212
?-,s-c. -.
DATED this /is day of A.,/,
,2002.
4)4
Karin Dostal,
14056
Attorney for Plaintiff
255 Canyon Boulevard, Suite 200
Boulder, CO 80302
(303)413-0114
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.
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DISTRICT COURT, WELD COUNTY, STATE
OF COLORADO
Weld County Courthouse
901 9th Avenue,
Greeley, CO 80631
Plaintiff: LARRY JONATHAN LEE,
A COURT USE ONLY A
v.
Defendants: WELD COUNTY 19TH JUDICIAL
DISTRICT ATTORNEY'S OFFICE, WELD Case No:
COUNTY SHERIFF'S DEPARTMENT, WELD Division:
COUNTY GOVERNMENT AND BOARD OF
COMMISSIONERS.
Attorney for Plaintiff:
Karin Dostal, Esq.
Atty. Reg.No: 14056
255 Canyon Blvd., Suite 200
Boulder, Colorado 80302
Phone No: (303) 413-0114 Fax No: (303) 443-
1292
COMPLAINT
COMES NOW the Plaintiff, Larry Jonathan Lee, by and through his attorney, Karin Dostal,
Esq., and for his Complaint against the Defendants herein states, avers and alleges as follows:
GENERAL ALLEGATIONS
1. Venue is proper in Weld County, State of Colorado pursuant to C.R.C.P. 98(c)(5) because
the injuries to the Plaintiff occurred within Weld County, State of Colorado.
2. Plaintiff Larry Jonathan Lee was a resident of the State of Colorado and had been a resident
of the State of Colorado at all times pertinent to this action.
3. At all times relevant to this action, Defendant Weld County 19th Judicial District Attorney's
Office ("District Attorney's Office") was art agency duly organized and existing as an agency of
the Weld County Government and as defined by the laws of the State of Colorado.
4. Defendant Weld County Sheriffs Department("Sheriffs Department") was an agency duly
organized and existing as an agency of the Weld County Government and as defined by the laws
of the State of Colorado.
5. Defendant Weld County Government and Commissioners ("Weld County") is a municipal
corporation duly organized and existing as defined by the laws of the State of Colorado.
FACTUAL ALLEGATIONS
6. Plaintiff incorporates by reference the allegations in Paragraphs 1 through 5 as if fully set
forth herein.
7. On or about June 27, 2000, Defendant District Attorney's Office issued an arrest warrant
for Larry Dale Lee. Defendant Sheriffs Department arrested the Plaintiff, Larry Jonathan Lee.
after Weld County Sheriff Alan Price went:o the Plaintiffs home in Weld County and informed
his wife that there was an arrest warrant issued for the Plaintiff. When the Plaintiff was arrested
by Weld County Sheriffs Officers, he repeatedly informed them that he was Larry Jonathan Lee, __
not Larry Dale Lee.
8. Defendant Sheriffs Department and Defendant District Attorney's Office ignored the
Plaintiffs statements and refused to investigate further the proper identity of the Plaintiff and of
Larry Dale Lee. At the Plaintiff's first appearance in Court and at his bail bond hearing,
Defendant District Attorney's Office again refused to consider the true identity of the Plaintiff
and requested a high bond amount based upon the past criminal history of Larry Dale Lee. The
Court agreed with Defendant District Attorney's Office and set bond at $25,000.00 for the
Plaintiff in Case Number 2000 CR 788, Weld County District Court, State of Colorado.
9. The Plaintiff was unable to post this bond and remained in the Weld County Jail until July
14, 2000. At that time the Court reduced the bond for the Plaintiff to $10,000.00 based upon the
fact that the Plaintiff was in fact Larry Jonathan Lee, not Larry Dale Lee. Defendant District
Attorney's Office had finally determined that the Plaintiff was Larry Jonathan Lee only because
they were informed that Larry Dale Lee was in custody at the Larimer County Jail. At that time
the Plaintiff was finally able to post bond and was released from the Weld County Jail.
10. During his preliminary court appearances, Plaintiff Larry Jonathan Lee repeatedly
informed the Weld County Sheriffs Department officers, the Weld County Police Department,
the Weld County District Attorney and the Weld County District Court that he was not Larry
Dale Lee, but Larry Jonathan Lee. Judge Hale, of the Weld County District Court, chose to
ignore Larry Jonathan Lee's and his attorney's requests for a reduced bond solely because of the
inability of the above named entities and individuals to ascertain the true identity of the person in
custody regarding Case Number 2000 CR 788, Weld County District Court, State of Colorado.
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FIRST CLAIM FOR RELIEF
11. Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through 10 as
if fully set forth herein.
12. Plaintiff was unlawfully detained by the Defendants in the Weld County Jail because the
Defendants were negligent in their failure to ascertain the Plaintiffs true identity within a
reasonable amount of time, to the Plaintiff's detriment.
13. As a result of the Defendants negligence, the Plaintiff has suffered irreparable injuries and
damages, including, but not limited to, loss of income, loss of his family residence, loss of
employment, mental anguish and loss of reputation.
14. Defendants had a duty to ascertain the Plaintiffs true identity in a competent and speedy
manner,which they failed to do. As a result of their failure to do so, the Plaintiff was wrongfully
detained in the Weld County Jail for a longer period of time then he would have been if his true
identity had been disclosed to the court.
15. As a direct and proximate result of the actions and non-actions of the Defendants, the
Plaintiff has suffered damages and injuries as set forth above. These damages and injuries are
ongoing and will continue to in the future
SECOND CLAIM FOR RELIEF
16. The Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through
15 as if fully set forth herein.
17. Defendants negligence and conduct was outrageous and was committed with a reckless
disregard for the health and safety of the Plaintiff.
18. As a direct and proximate result of the Defendants actions, the Plaintiff has suffered
damages and injuries as set forth above, including, but not limited to, mental anguish, extreme
emotional distress, and severe anxiety.
19. As a direct and proximate result of the Defendants actions, Plaintiff has incurred
numerous monetary expenses related to this action, which are continuing to incur to date.
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THIRD CLAIM FOR RELIEF
20. Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through 19 as
if fully set forth herein.
21. Defendants' actions violated the Plaintiff's civil rights by denying him his right to
reasonable bail by failing to ascertain his true identity in a timely manner. Plaintiff's excessive
bail was based solely upon the fact that the Court believed that, based upon the information
provided by the Defendants, that the Plaintiff was Larry Dale Lee. Defendants' actions violated
the Plaintiffs civil rights and his right to the imposition of reasonable bail based upon his
circumstances.
22. The Plaintiffs civil rights were violated by the Defendants, who should have known or
knew that their actions or inactions would cause harm and injury to the Plaintiff and was a
violation of his civil rights.
23. As a direct and proximate result of the Defendants' negligence and inaction, Plaintiff
suffered injuries and damages as set forth above.
FOURTH CLAIM FOR RELIEF
24. Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through 23 as
if fully set forth herein.
25. The warrant issued for the arrest of the Plaintiff was defective at all times relevant co this
complaint. The warrant named a person who was not the Plaintiff, yet the Plaintiff was arrested
based solely upon the information contained in the warrant.
26. Plaintiffs rights were violated pursuant to 42 U.S.C. Section 1983 and the Fourth
Amendment of the United States Constitution. Plaintiffs arrest was without a properly issued
arrest warrant, giving rise to a 42 U.S.C. Section 1983 claim. The Defendants were negligent and
abused their power in issuing said defective arrest warrant, which negligence caused the
Plaintiffs injuries.
27. As a direct and proximate result of the Defendants' negligence and failure to act, Plaintiff
suffered injuries and damages as set forth above.
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FIFTH CLAIM FOR RELIEF
28. Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through 27 as
if fully set forth herein.
29. Plaintiffs initial arrest and subsequent detainment due to the excessive bail were a
violation of the Plaintiffs rights to due process of law. The Defendants had exercised their
governmental powers in an arbitrary and abusive way, thereby causing the Plaintiffs injuries.
The Plaintiffs rights were violated as set forth above and constituted a violation of the due
process clause of the Fourteenth Amendment of the United States Constitution.
30. The Plaintiff was deprived of liberty and property without due process of law, as
guaranteed by the Fourteenth Amendment.
31. Defendants' conduct was negligent in their refusal to ascertain the Plaintiffs true identity
after the plaintiff repeatedly stated that he was not the person named in the warrant. Such
negligence is the basis for the violation of the Plaintiffs rights under the due process clause and
such violation is redressable under 42 U.S.C. Section 1983.
32. As a result of the Defendants' conduct, the Plaintiff sustained injuries and damages,
including, but not limited to, mental anguish, emotional harm, lost income, loss of employment,
pain and suffering and loss of property, for which damages Defendants are liable.
SIXTH CLAIM FOR RELIEF
33. Plaintiff incorporates by reference the allegations contained in Paragraphs 1 through 32 as
if fully set forth herein.
34. Employees and agents of Defendant District Attorney's Office, Defendant Sheriffs
Department and Defendant Weld County acted and failed to act in a manner which fell below the
community standard of care for their respective professions, and/or were negligent, and as a
direct and proximate result of such conduct and lack thereof, constituting negligence and
malfeasance, the Plaintiff sustained injuries and damages as set forth above.
35. At all times necessary to this action the said employees and agents of the above named
Defendants were acting within the scope of their employment and agency, for which Defendants
are liable pursuant to the doctrine of respondeat superior and agency law.
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WHEREFORE, Plaintiff requests this Honorable Court enter judgment in favor of the
Plaintiff and against the Defendants for compensatory damages, punitive and exemplary damages
in an amount to be determined at trial, for costs. expenses, attorney's fees, expert witness fees,
and for such other and further relief as the Court may deem proper.
Respectfully submitted,
Karin Dostal, (#14056)
Attorney for Plaintiff
255 Canyon Blvd., #200
Boulder, CO 80302
(303) 413-0114
Plaintiff's Address:
1824 9th Avenue
Longmont, CO 80501
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