Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-00701-LTB-MJW

Document 76-3

Filed 05/08/2006

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DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Court Address: 1437 Bannock Street Denver, Colorado 80202

Plaintiff:

NICOLAS MEDRANO, individually and as the personal representative of the Estate of Sergio Alejandro Medrano

COURT USE ONLY

Defendant:

KARL SCHERCK

Attorney for Plaintiff: William D. Meyer, No. 6562 Hutchinson Black and Cook, LLC 921 Walnut Street, Suite 200 Boulder, CO 80302 Phone: (303) 442-6514

Case Number: 2003cv9475 Courtroom/Division: 6

(PROPOSED) SECOND AMENDED COMPLAINT

Plaintiff, for his Complaint against the Defendant, states as follows: GENERAL ALLEGATIONS (Incorporated into all claims for relief) 1. Plaintiff is the father and heir of Sergio Alejandro Medrano, and personal representative of the Estate of Sergio Alejandro Medrano. 2. Defendant is a resident of the City and County of Denver, Colorado.

3. The present action arises out of a tort committed in the City and County of Denver, Colorado. FIRST CLAIM FOR RELIEF (Negligence) 4. On September 22, 2003, Defendant negligently shot and killed Sergio Alejandro Medrano in the City and County of Denver, Colorado.

Case 1:04-cv-00701-LTB-MJW

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Filed 05/08/2006

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5.

D f dn s el ec w s cue fh da o Sri Ae nr Mer o e nat ng gne a a as o t et f e o lado da . e ' i e h g j n

6. Pursuant to §13-21-201(1)(A)(IV), C.R.S., Plaintiff may bring a claim for the wrongful death of Sergio Alejandro Medrano. 7. Plaintiff elects, pursuant to §§13-21-203.5 and 203.7, C.R.S., to sue for and recover a solatium, together with reasonable funeral and burial expenses for Sergio Alejandro Medrano. SECOND CLAIM FOR RELIEF (42 U.S.C. §1983) 8. On September 22, 2003, Defendant shot and killed Sergio Alejandro Medrano in the City and County of Denver, Colorado. 9. At the time of the shooting, Defendant was a police officer employed by the City of Westminster, State of Colorado. 10. Defendant has alleged that, at the time of this incident, he was acting in his capacity and within the scope of his employment as a Westminster Police Officer. 11. B sd pn e nat aeaosuo i om t n n blft ataee ae uo D f dn s lgt n,pn n r ao ad ee h c lgd e ' l i f i i, e s l in this complaint to have been done by Defendant were done under the color of the authority of the laws of the State of Colorado, the City of Westminster, and under his authority as a police officer for that city. 12. At the time of his death, Sergio Alejandro Medrano was unarmed, and posed no significant threat of death or serious physical injury to either Defendant or the public if the decedent were not immediately apprehended. As a result, the use of deadly force on the decedent was unreasonable and totally without justification. 13. D f dn sat n w r r k s gos ng gn ad d p yd r k s e nat cos e e l s rs y el et n i l e e l s e ' i e ce, l i , sa ce indifference to the risk created. 14. D f dn s at n r l t a r k s r k s y i ie n w n n o e nat cos e e e e ' i fc d e l s e l s n f r t at r c e , c e l dfe , o obdurate disregard or complete indifference to risk to the rights and life of Sergio Alejandro Medrano, and for the rights and feelings of the parent of Sergio Alejandro Medrano, to the pr th dr aosi adt Pa tf r h t asc t wt h sn Sergio Alejandro a n ci e t nh , n o ln fs i to s ie i i o, e / l li p i i' g oa h s Medrano. 15. As a direct and proximate result of the actions of Defendant, Plaintiff was damaged in an amount to be proved at trial.

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Case 1:04-cv-00701-LTB-MJW

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Filed 05/08/2006

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THIRD CLAIM FOR RELIEF (Exemplary damages) 16. Plaintiff reincorporates and realleges each and every allegation of ¶¶8 ­ of his 13 Second Claim for Relief. 17. at trial. WHEREFORE, Plaintiff requests the Court enter judgement against Defendant for: a. b. c. d. e. f. a solatium pursuant to §§13-21-203.5 and 203.7, C.R.S.; reasonable funeral and burial expenses for Sergio Alejandro Medrano; damages in an amount to be proved at trial; exemplary damages in an amount to be proved at trial; interest thereon at the legal rate; Pa tf cs, xe wt s f s adr snb aony'f si ur in lnfs ot epr ies e , n e oal tres e n r ii' s t n e a e t e c ed collecting these amounts; and such other relief as the Court may deem appropriate Plaintiff is entitled to an award of exemplary damages in an amount to be proved

g.

Dated: May 8, 2006. HUTCHINSON BLACK AND COOK, LLC

By:

s/ William D. Meyer William D. Meyer, No. 6562 921 Walnut Street, Suite 200 Boulder, CO 80302 Phone: (303) 442-6514 Fax: (303) 442-6593 [email protected] ATTORNEYS FOR PLAINTIFF

Address of Plaintiff: 1818 Marion St., Apt. 206, Denver, CO 80218 3

Case 1:04-cv-00701-LTB-MJW

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Filed 05/08/2006

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CERTIFICATE OF SERVICE I hereby certify that on the 8th day of May, 2006, I electronically filed the foregoing (PROPOSED) SECOND AMENDED COMPLAINT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected]

s/ William D. Meyer William D. Meyer Attorneys for Plaintiffs Hutchinson Black and Cook, LLC 921 Walnut Street, Suite 200 Boulder, CO 80302 Phone: (303) 442-6514 Fax: (303) 442-6593 [email protected]

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