HomeMy WebLinkAbout20043498.tiff RE: Notice of Intent to Sue Pursuant to C.R.S. @24-10-109
To All of the Foregoing:
Notice is hereby provided pursuant to C.R.S. @24-10-109 of pending claims against the
foregoing addressees.
My Name is Carl N. O'Donnell. My address is DOC#76752 CH-3, Box 1010 CTCF,
Canon City, CO. 81215. Although I have consulted with an attorney, I am not represented
by counsel.
The facts are as follows: On June 2, 2004, at approximately 4:30 P.M., Weld County
Officials transported me to the Weld County Jail. Upon arrival at the jail, Officer Spence
ordered several inmates and myself into a holding cell which was currently occupied by
approximately 20 other inmates-some of which were vomiting and asleep all over the
floor.
I expressed my concern regarding the unsanitary conditions of the cell and the affect it
might have on my own health issues-I suffer from congestive heart failure, high blood
pressure and diabetes.
Officer Spence threatened to pepper-spray me if I did not go into the cell. I made several
requests to speak to the medical department regarding any type of affect that the
unsanitary conditions might have on my health; however Officer Spence initiated a 1-3
countdown and began spraying my face with pepper-spray.
Officer Spence then issued a"Code Five" over the radio. At that time, approximately four
other officers arrived and tackled me to the ground and preceded to kick me all over. The
assault was so out of control that one of the officers was kicked by another officer and
subsequently injured(an incident report was processed.) The Officers John Does I-IV
repeatedly kicked and stomped on my legs. During the assault I offered no resistance, but
only tried to turn away to protect my face, I was handcuffed behind my back during the
assault.
Officers John Does I-IV then dragged me into a cell where they continued the assault and
began verbally abusing me. After which I was left lying on the floor for approximately
30-40 minutes before being taken to an eye-wash area to wash the pepper-spray from my
eyes. I was at that point un-handcuffed and afforded the ability to shower and change
clothing. Afterwards I was placed into a separate holding cell.
A nurse later made rounds and I complained to her of having severe pain in my legs and
requested and examination and or treatment; however, the nurse refused my request.
On June 3, 2004, I was placed in an isolation cell located in the medical department of the
jail. While there, I made more requests for treatment, but those were also rejected.
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2004-3498
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On June 4, 2004, I was transported back to Arapahoe County jail-where I was originally
brought from-and upon intake the nurse examined me and noticed the bruises on my right
leg. She then ordered that I be transferred to the hospital for examination and treatment. I
was treated for my injuries and placed on medication for the pain.
After these events, my wife contacted Sheriff John Cooke, and was transferred to Rick
Dill at the Weld County Sheriffs Office. He offered no help with the situation and
completely absolved the officers of any and all liability.
Please be informed that, pursuant to C.R.S. 24-10-109, I am hereby notifying you of my
intent to sue the following named employee(s) under contract and color of the state law
with the County of Weld, Colorado, alleging, but not limited to, Cruel and Unusual
Punishment-U.S.C.A. Amendment Eight; Cruel and Unusual Punishment per the
Colorado Constitution Article II Section 20; denial of Due Process-U.S.C.A. Amendment
14; denial of Due Process Per Colorado Constitution Article II Section 25, and the State
torts(s) of: Assault, Battery, and Outrageous Conduct under C.R.S. @13-80-102 (2004),
and violation of my civil rights because of my racial and ethnic heritage.
I do not know the full names and addresses of all the County employee's who participated
in the attack who may be liable.
The precise amount of damages is not known, but I expect them to be in excess of
$100,000.
Signed this Si-day of November,2004.
Pfrue" 4 'Ata e
Carl N. O'Donnell
Recipients of Intent to Sue:
Office of Attorney General
1525 Sherman Street, 5th. Floor
Denver, CO 80203
County Attorney
915 10th. St.
Greeley, CO 80631
John Cooke
Weld County Sheriff
1950 "O" Street
Greeley, CO. 80631
Rick Dill
c/o Weld County Sheriffs Office
1950 "O" Street
Greeley, CO 80631
Officer Spence
c/o Weld County Sheriffs Office
1950 "O" Street
Greeley, CO 80631
Weld County Commissioners
915 10th. Street
Greeley, CO 80631
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