Beruflich Dokumente
Kultur Dokumente
DAVID KRAUS,
Plaintiff,
v.
Defendants.
AMENDED COMPLAINT
Plaintiff David Kraus (“Plaintiff” or “Kraus”), by and through his attorneys, David
A. Lane and Qusair Mohamedbhai of KILLMER, LANE & NEWMAN, LLP respectfully
FACTS
rights under the First, Fourth and Fifth Amendments of the Constitution of the United
States. Plaintiff alleges that Defendant Ferrari violated his Fourth Amendment rights
constitutional rights, subjected him to an intrusive, unjustified, and illegal search and
seizure without any basis for believing he was engaged in criminal activity. Plaintiff
alleges that Defendant Denver failed to train and supervise Defendant Ferrari
concerning excessive force during arrests, use of handcuffs, and unlawful use of private
property. Plaintiff alleges that Defendant Ferrari retaliated against him when he
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Defendant Ferrari from private property. Defendant Ferrari arrested Kraus for allegedly
2. On June 27, 2007, Plaintiff was the manager at a Grease Monkey store
3. Defendant was monitoring traffic at that location and had pulled her police
cruiser into the entry way to the Grease Monkey shop, blocking traffic from easy ingress
4. Plaintiff politely asked the Defendant twice if she would move her cruiser
off private property that he controlled so that his customers could get in and out of the
5. Defendant responded that she would not move her car so Plaintiff then
6. Defendant refused to give him a business card and began arguing with
Plaintiff.
and wantonly cranked down the cuffs knowing this would cause severe pain to Plaintiff
and could possibly result in nerve damage, thereby causing permanent nerve damage
to Plaintiff’s hand despite Plaintiff’s statements to her that the cuffs were on too tightly.
Vietnam. He is a Boy Scout leader and a minister of his church. He is a solid, law-
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abiding citizen and gave the Defendant no reason to believe he had committed any
offense.
10. Ferrari arrested Kraus in violation of his First, Fifth, and Fourth
11. Ferrari, by intentionally putting the hand cuffs on too tightly, violated
Kraus’s right to procedural and substantive due process of law and seized him in an
unreasonable manner.
14. This action arises under the Constitution and laws of the United States,
including Article III, Section 1 of the United States Constitution and 42 U.S.C. § 1983.
Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331, 1343 and 2201.
1988.
1391(b). All of the events alleged herein occurred within the state of Colorado, and all
of the parties are residents of the state. At all pertinent times mentioned herein, Defen-
dant was employed by the City and County of Denver, State of Colorado, and was
PARTIES
16. At all pertinent times mentioned herein, Plaintiff was a citizen of the United
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17. At all pertinent times mentioned herein, Defendant Ferrari was a police
officer employed by the City and County of Denver. Defendant Denver is a municipal
entity for purposes of § 1983. Defendant Denver has final policy making authority over
18. At all times, Defendant Ferrari was acting within the scope of her duties
and employment, under color and authority of state law, and in her individual and official
19. Plaintiff incorporates all other paragraphs of this Amended Complaint for
20. The actions of Defendants as described herein, while acting under color of
state law, intentionally deprived Plaintiff of the securities, rights, privileges, liberties, and
immunities secured by the Constitution of the United States of America, including his
right to freedom from unlawful seizures as guaranteed by the Fourth Amendment to the
Constitution of the United States of America and 42 U.S.C. §1983, in that the Defendant
Ferrari had no probable cause or reasonable suspicion to believe that Plaintiff had
committed any violation of the law prior to seizing his person pursuant to the unlawful
arrest.
and recklessly subjected him to an illegal, demeaning, and invasive seizure without any
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to Plaintiff.
23. Plaintiff incorporates all other paragraphs of this Amended Complaint for
physical force by handcuffing him too tightly and thereby unreasonably restrained him of
his freedom.
Denver has developed and maintained law enforcement related policies, procedures,
to harm Plaintiff.
above the Plaintiff suffered actual physical and emotional injuries in an amount to be
proven at trial.
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29. Plaintiff incorporates all other paragraphs of this Amended Complaint for
not limited to seeking exclusion of a government official from private property and his
intention of exercising his First Amendment rights seeking exclusion of the government
from private property and complaining about objectionable police conduct caused
Plaintiff to suffer economic, physical and emotional injuries. Defendant Denver has
35. Plaintiff’s right to speak out on issues of public concern outweighed any of
Defendant’s rights.
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38. Plaintiff incorporates all other paragraphs of this Amended Complaint for
39. Defendant Ferrari was unlawfully on private property over which Plaintiff
had control.
40. Defendant Ferrari’s unlawful presence interfered with the use, enjoyment,
41. Plaintiff twice requested that Defendant Ferrari leave the private property.
42. Defendant Ferrari twice refused Plaintiff’s request to leave the private
property.
Fifth Amendment of the United States Constitution which guarantees the right to
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45. Defendant Ferrari’s conduct interfered with the use, enjoyment, and
46. Plaintiff’s right to exclude Defendant Ferrari from the private property
losses to Plaintiff.
49. Plaintiff incorporates all other paragraphs of this Amended Complaint for
indifference to the constitutional rights of persons in the City and County of Denver,
practices that tacitly or explicitly authorize unlawful seizures by officers of the Denver
Police Department, including, but not limited to, the use of unnecessary and excessive
force through the use handcuffs, and the failure to train police on at least the following:
(1) the potential of serious injury associated with handcuffs; and (2) unlawful use of, and
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52. In light of the duties and responsibilities of those police officers that
participate in use of handcuffs and use of private property, arrests and/or traffic stops,
the need for specialized training and supervision is so obvious, and the inadequacy of
53. Defendant City and County of Denver is liable for their failure to train and
54. The inadequate training and supervision provided by Defendant City and
55. If any training was given to the Defendant Ferrari concerning civil rights of
members of the public to be free from constitutional violations, specifically First, Fourth
and Fifth Amendment violations and violations involving the use of excessive force,
Defendant Denver knew or should have known that such training was reckless or
grossly negligent and that misconduct in that area was almost inevitable.
56. Defendant Denver had a duty to protect the constitutional rights of the
members of the public from violations of those rights by members of the Denver Police
Department.
failure to train and supervise, Plaintiff suffered injuries, damages and losses as set forth
above.
WHEREFORE, plaintiff respectfully request that this Court enter judgment in his
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emotional distress, loss of reputation, humiliation, loss of enjoyment of life, and other
pain and suffering on all claims allowed by law in an amount to be determined at trial;
determined at trial;
(e) Attorneys fees and the costs associated with this action, including those
associated with having to defend against the false criminal charge as well as expert
(g) Any further relief that this court deems just and proper, and any other relief
as allowed by law.
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s/ David A. Lane
___________________________________
David A. Lane
Qusair Mohamedbhai
1543 Champa Street, Suite 400
Denver, Colorado 80202
(303) 571-1000
Attorneys for Plaintiff
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