HomeMy WebLinkAbout720394.tiff RESOLUTION
WHEREAS, on or about April 7, 1971, personal judgment was
rendered against Eugene Gibbs, deputy sheriff and jailer for Weld
County, Colorado, in the sum of One Hundred Dollars ($100. 00)
together with costs therein in the sum of Ten Dollars ($10. 00) re-
sulting from an incident occurring at the Weld County Jail on or
about June 1970, and
WHEREAS, Gibbs was at the time a duly appointed and acting
Deputy Sheriff and performing services within the scope of his
employment, and
WHEREAS, it has been brought to the attention of the Board
of County Commissioners, Weld County, Colorado, that, although
Gibbs was accused of acts beyond the scope of his employment,
the Board is of the opinion that Gibbs, if guilty of anything, was
guilty only of following instructions and of being over zealous in
the performance of his duties as Deputy Sheriff and Jailer, and
WHEREAS, the Board is satisfied that Gibbs was acting well
within the scope of his employment and following instructions as
a dutiful Jailer, and
WHEREAS, the Board is of the opinion that it would be in the
best interests of the County to reimburse Gibbs for the sum of
One Hundred Ten Dollars ($110. 00) representing the amount of the
judgment and costs which he was ordered to pay.
NOW, THEREFORE, BE IT RESOLVED, and it hereby is
ordered, that Barton Buss, chief accounting officer of Weld County,
prepare the necessary voucher and cause the amount of One Hundred
Ten Dollars ($110. 00) be paid directly to Mr. Eugene Gibbs.
The above and foregoing resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
June, 1972.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
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Clerk of UV Board
BY::-/,_ :,42,a, —,- Deputy County Clerk
APPROVED AS TO FORM:
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Gibbs , t-.) i
7 ,.> WELD COUNTY OFFICE OF THE SHERIFF
_ ....{;,°.i:�,C.`.',.,,. GEORGE J. MILLER
UNUrwRBHERIFF
RICHARD P. MARTINEZ eHSRIFr• sus STATION
1 y `', SHERIFF FORT LUPTON, COLO.
, ..y ti..,r� •,�.' PHONE (808) 88R-P218 PHONE (309) C57-2465
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z ` r?:; SERGEANT ANTHONY
;�+ ONORATO
�.. :•. COLORADO GREEL.EY. 80631
January 3, 1972
Wald County Commissioners
Weld County Court House
Greeley, Colorado
Gentlemen:
I am enclosing a copy of the letter receiked by Eugene
Gibbs from the attorneys representing All Star Insurance
Corporation and also a copy of the check paid to Rita
Johnson in this suit.
James Shelton, Mr. Gibb' s attorney, advised Mr. Gibbs
that maybe the county would reimburse him for this
expense. I feel that the county should pay this as
this case might have resulted in a more serious law suit.
Yours very A.ly,
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R CHARD P. MARTINEZ
SHERIFF OF WELD COUNTY
TA E D ORADO
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Enclosures - 2
JAN 1 t 1972
- COUN7Y CLERK AND RE:.0 RD�R
8y
Deputy
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Certified Mail ,/.,'/ Giu1///O�/".Aeel
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MURRAY MILL 6.2606
Deputy Sheriff Eugene Gibbs December 9 , 1971
c/o of the Sheriff, Weld County Colorado
Greeley, Colorado
Re : Assured: Deputy Sheriff Eugene Gibbs ,
Greeley, Colorado
Claimant: Rita Johnson
Policy : SL-01005 - avert. No. 3755
' Our File : NSAS-51971
Dear Deputy Gibbs :
This law firm represents All Star Insurance Corporation
with respect to a certain false arrest liability policy issued to
you through the National Sheriffs ' Association.
As you know, Sheriff Richard P. Martinez previously
referred to us certain documents relative to the capLi.oned matter
in April, 1971. At that time, we communicated with Tom Connell ,Esq.
whom we were advised represented you with regard to the captioned
mzt-ter. Mr. Connell advised us that the trial of the captioned
rltter had already taken p_nce and that a verdict had been rendered
ognin st you in the sum of x,100. We advised Mr. Connell that by
virtue of the foregoing circumstances , All Star Insurance ,;orporation
had been denied its opportunity to defend you in the matter, but that,
nevertheless , we would be receptive to reviewing the documents with
re^pnct: to the lawsuit to determine what position, i1 any , could be
t:,?cen by All Star Insurance Corporation with regard thereto . There-
after, no cammunication was received from you or from any •counsel
on your behalf.
We have recently received a communication on from .lames H.
Shelton, Esq. confirming that: , in fact, a trial has been had with
respect to the claimant 's course of action, and that damages have
been awarded in the sum of $100. Attorney Shelton iransmLL. Led Lo
L?n copies of the documents relative to the claimant ' s course of
action and we note the claimant generally alleges a failure on your
part to permit the admission of certain attorneys to the ;jail while
Deputy Sheriff Eugene Gibbs -2- December 9, 1971
claimant was in custody. A, review of the insurance coverage
afforded to you by All Star Insurance Corporation will disclose
that paragraph one of the insuring agreement afford coverage for
"false arrest", "false imprisonment", "malicious prosecution",
and other specific coverages . None of the coverages afforded by
All Star Insurance Corporation would encompass the allegations of
thn complaint of the claimant herein. For this reason, we must
advise you at this time that All Star Insurance Corporation cannot
be of any assLtance to you with regard to the captioned matter.
Insurance coverage is not afforded pursuant to the certificate
i saved by Ail. .Star insurance Corporation for the ac c or acts com-
pininnd o£ by the claimant herein.
Very truly yours ,
KROLL, EDELMAN, ELSEA & WILSON
Roy E. Pomerantz
PETE: jmm
cc : James N. Shelton, Esq.
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