HomeMy WebLinkAbout960341.tiff LAW OFFICES OP' •
LARRY D. SATHER. P.C.
ATTORNEYS AND COUNSELORS AT LAW
THE CHANCERY 1 :71,_D
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1120 LINCOLN
SUITE 1000
DENVER.COLORADO 80203-2138€I,_. . rrn _7 k'i f 1: ' U
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(303)-831-4464
FAX(303)831-4924
CLE' K
LARRY D.SATHER*? O 4 E
ALSO LICENSED TO PRACTICE •
• LEGAL
IN NEBRASKA AND TEXAS ARBITER
}DIPLOMAT-NATIONAL GROUP.INC.
BOARD OF TRIAL ADVOCACY
February 6, 1996
WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
P.O. Box A
Greeley, CO 80632
WELD COUNTY ATTORNEYS OFFICE
315 North 11th Avenue
P.O. Box A
Greeley, CO 80632
GAIL NORTON
Colorado State Attorney General
110 16th Street
Suite 1000
Denver, CO 80202
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
915 10th Street
Greeley, CO 80632
Re: Notice of Claim Pursuant to
C.R.S., 24-10-109, as amended,
By Manuel Harold Herrera,
Michelle Lynn Herrera and
Emmanuel Herrera.
TO WHOM IT MAY CONCERN:
This notice is being tendered on behalf of the Claimants, Manuel Harold Herrera,
Michelle Lynn Herrera and Emmanuel Herrera, by and through their attorney, Larry D
Sather, P.C., pursuant to the provisions of C.R.S., 1973, 24-10-109, as amended. Manuel
Harold Herrera, Michelle Lynn Herrera and Emmanuel Herrera reside at 5083 46th
y TN
0A, )q 'r` : Q,4 ); /°E; 5 pyre: t;' 4J 960341
Avenue, Greeley, CO 80634. The undersigned counsel may be reached at the above-
captioned address.
The incident from which this claim arises occurred during the month of August,
1995. A Dependency and Neglect action had been filed with regard to the minor child,
Maria Roesser, which alleged that her step father, Manuel Herrera, abused her sexually.
On August 9, 1995, the panics appeared before the court for a review hearing. At that
time, certain orders were entered, directing that the minor child, Emmanuel Herrera, be
presented for an interview for the purpose of addressing the possibility of sexual abuse
perpetrated against him.
The Court approved, and implicitly made part of its Order, that the Respondent,
Michelle Herrera, would be allowed to contact the intake worker for the purpose of
scheduling a date and time for the interview to take place in which the Respondent,
Michelle Herrera, would be available to provide transportation. The attorney for the Weld
County Department of Social Services requested a deadline of one week from the August
9, 1995 hearing for the interview to be conducted. The Court approved the one week
deadline, and Ordered that the Respondents, Michelle Herrera and Manuel Herrera, would
be authorized to be present and observe the interview from behind a two-way mirror.
On August 11, 1995, the Weld County Department of Social Services obtained an
ex parte Order for Temporary Protective Custody from Judge Hays, who was not present
and did not preside over the August 9, 1995 hearing, authorizing the Weld County
Department of Social Services to transport the minor child, Emmanuel Herrera, for the
interview concerning the alleged sexual abuse. This Order was entered without notice and
contradicted the August 9, 1995 Order which was entered during the scheduled review
hearing. In order to obtain the August 11, 1995 Order, misrepresentations were made to.
the Court and.a fraud was perpetrated upon the Court by the Weld County Department of
Social Services.
During the minor child's interview, Michelle Herrera and Manuel Herrera, were
excluded from the interview as authorized by the Court by police officers acting at the
direction of social workers Elizabeth Braun and Sharon Hardin.
The actions of the Weld County Department of Social Services and the Weld
County Attorneys Office caused severe emotional distress to Michele Herrera and Manuel
Herrera as a result of their outrageous conduct and fraud which was committed upon the
Weld County District Court. As a result of the false imprisonment of the minor child,
Emmanuel Herrera, the abuse of process and civil conspiracy by the Weld County
Department of Social Services and the violation of the Claimant's civil rights under 42
U.S.C. 1983, Manuel Herrera and Michele Herrera, have incurred attorney fees; loss of
income; loss of property; loss of self-esteem; public humiliation; physical, mental,
emotional, psychological and psychiatric injuries damages and losses; and loss of
enjoyment of life. The injuries, damages and losses suffered by Manuel Herrera and
Michele Herrera were suffered in the past and will continue into the future.
The names of the public employees include, but are not limited to, Jim L. Pope,
Assistant Weld County Attorney, P.O. Box A, Greeley, CO 80632; and Elizabeth Braun
and Sharon Hardin, Weld County Department of Social Services, P.O. Box A, Greeley,
CO 80632. Any other public employees may be more specifically designated following
appropriate discovery.
As a result of the outrageous conduct and other actions of the of the Weld County
Department of Social Services and the Weld County Attorneys Office as outlined above,
the Claimants are requesting damages in the amount of$450,000.00
Sincerely,
LARRY D. SATHER, P.C.
arty D1. ather
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