griego v. steinhage

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. AMANDA GRIEGO, and COLBY FRIAS, her minor child by and through his next friend, Amanda Griego, Plaintiffs, v. OFFICER ALAN STEINHAGE, in his individual and official capacity, 10 UNKNOWN OFFICERS OF THE GREELEY POLICE DEPARTMENT, in their individual and official capacities, 10 UNKNOWN AGENTS OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, in their individual and official capacities, and CITY OF GREELEY, COLORADO, a municipal corporation. Defendants. ______________________________________________________________________________ COMPLAINT AND JURY DEMAND ______________________________________________________________________________ Plaintiffs by and through her attorneys, David A. Lane, and Faisal Salahuddin of

KILLMER, LANE & NEWMAN, LLP, respectfully alleges for her Complaint as follows:

INTRODUCTION

1. This is an action for damages against Defendants for violating Plaintiffs Amanda

Griego ("Ms. Griego") and her then eight-year-old son, Colby Frias (“Plaintiffs”) rights under the

Fourth Amendment to the Constitution of the United States. Ms. Griego alleges that Defendants

violated her and her son’s Fourth Amendment rights when, intentionally, knowingly, recklessly,

and with deliberate indifference to her constitutional rights, entered her home without a warrant,

without consent, without exigent circumstances, and without any basis for believing they had any

legal right to enter the home.

Case 1:12-cv-01392-RBJ Document 1 Filed 05/29/12 USDC Colorado of 6

JURISDICTION & VENUE

2. Jurisdiction over these claims is conferred upon this Court pursuant to 28 U.S.C. §

1331 and § 1343(a)(3), and this case is brought pursuant to 42 U.S.C. § 1983. If this Court finds

that the Defendants were acting under color of federal law instead of state law pursuant to 42

U.S.C. § 1983 (because various Defendants are federal law enforcement agents), it should then

be found under Bivens v. Six Unknown Drug Agents, 403 U.S. 388 (1971). Jurisdiction supporting

Plaintiff’s claims for attorney fees is conferred by and brought pursuant to 42 U.S.C. § 1988.

Venue is proper in the District of Colorado pursuant to 28 U.S.C. § 1391(b).

3. All of the events alleged herein occurred within the state of Colorado, and all of the

parties are residents of the state.

4. At all pertinent times mentioned herein, Plaintiffs were citizens of the United States

of America, and residents of Colorado.

5. At all times, all Defendants were acting within the scope of their duties and

employment, under color and authority of state (or federal) law, and in their official capacities as

law enforcement officers.

FACTUAL BACKGROUND

6. Upon information and belief, on June 15, 2010 at approximately 7:00 a.m., the agents

of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and Alan Steinhage of the

Greeley Police Department arrived at Ms. Griego’s home at 2423 East 18th Street, Greeley,

Colorado.

7. The ATF and the Greeley Police Department were attempting to arrest a previous

tenant at Ms. Griego’s address whose name was “Angela” who had not lived at that residence for

over one year.

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8. The Greeley Police Department had been to Ms. Griego’s home at 2423 East 18th

Street, Greeley, Colorado twice in the past year to inquire about Angela, and Ms. Griego

repeatedly told officers that the woman no longer lived at that address. Nevertheless, the officers

still entered her home on June 15, 2010 without probable cause to believe that Angela was living

there.

9. Defendants relied on an address listing for Angela that had been current on February

12, 2008, but at the time of the June 15, 2010 raid was over two years old.

10. Upon arriving at Ms. Griego’s residence, Defendants banged on the front door; not

receiving an answer, they broke down the door to gain entry. Defendants then entered Ms.

Griego’s home with their weapons drawn and pointed towards Ms. Griego and her young son,

Colby Frias. The officers detained Ms. Griego and continued to threaten her and her son.

11. When the officers arrived, Ms. Griego was in the shower and her nine-year-old son

was sleeping in his bedroom. Ms. Griego dressed and approached the front door. When she got

to the door to unlock it, the officers burst inside, breaking the door in the process.

12. Ms. Griego was placed in handcuffs in the presence of her young son until she was

able to convince Defendants that she was not Angela.

13. During this incident and to date, despite numerous requests, Ms. Griego has not been

presented with a warrant authorizing Defendants to enter Ms. Griego’s home or to detain her.

14. Ms. Griego and her son were severely traumatized by the event. Her son continues to

suffer nightmares as a result and will no longer sleep in his bedroom or answer the door.

FIRST CLAIM FOR RELIEF (§ 1983 Fourth Amendment Violation – Unlawful Entry)

15. Plaintiffs incorporate all other paragraphs of this Complaint for purposes of this

claim.

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16. The actions of Defendants as described herein, while acting under color of state (or

federal) law, intentionally deprived Plaintiffs of the securities, rights, privileges, liberties, and

immunities secured by the Constitution of the United States of America, including her right to

freedom from unreasonable searches and seizures as guaranteed by the Fourth Amendment of the

Constitution of the United States of America and 42 U.S.C. §1983, in that the Defendants had no

warrant, (or if they did it was extremely stale), no consent nor exigency to believe that they could

lawfully enter her residence.

17. Plaintiffs had a constitutionally protected right to be secure in her person and property

against unreasonable intrusions into and searches of her residence.

18. Defendants entered Plaintiffs’ residence without her permission or consent.

19. Defendant had no objectively reasonable belief that an emergency existed within

Plaintiffs’ residence that required immediate entry to render assistance or prevent harm to

persons or property within.

20. Defendants had no reasonable grounds to believe that there was an immediate need to

protect their lives or others, or their property or that of others, prior to entering Plaintiffs’

residence.

21. Defendants’ conduct violated clearly established rights belonging to Plaintiff of which

reasonable law enforcement officers knew or should have known.

22. As a direct and proximate cause and consequence of Defendants’ violation of

Plaintiffs’ rights under the Fourth Amendment, Plaintiffs suffered injuries in an amount to be

proven at trial.

SECOND CLAIM FOR RELIEF (§ 1983 Fourth Amendment Violation – Unlawful Search/Seizure)

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23. Plaintiffs incorporate all other paragraphs of this Complaint for purposes of this

claim.

24. The actions of Defendants as described herein, while acting under color of state (or

federal) law, intentionally deprived Plaintiffs of the securities, rights, privileges, liberties, and

immunities secured by the Constitution of the United States of America, including her right to

freedom from unreasonable searches and seizures as guaranteed by the Fourth Amendment of the

Constitution of the United States of America and 42 U.S.C. §1983, in that the Defendants had no

lawfully executed warrant, no consent nor exigency to believe that they could search her

residence.

25. Plaintiffs had a constitutionally protected right to be secure in their persons and

property against unreasonable intrusions into and searches of their residence.

26. Defendants searched Plaintiffs’ residence without their permission or consent.

27. Defendant had no objectively reasonable belief that an emergency existed within

Plaintiffs’ residence that required immediate entry to render assistance or prevent harm to

persons or property within.

28. Defendants had no reasonable grounds to believe that there was an immediate need to

protect their lives or others, or their property or that of others, prior to entering Plaintiffs’

residence.

29. Defendants’ conduct violated clearly established rights belonging to Plaintiff of which

reasonable law enforcement officers knew or should have known.

30. As a direct and proximate cause and consequence of Defendants’ violation of

Plaintiffs’ rights under the Fourth Amendment, Plaintiffs suffered injuries in an amount to be

proven at trial.

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WHEREFORE, Plaintiffs respectfully requests that this Court enter judgment in her favor

and against the Defendants, and grant:

(a) Appropriate declaratory and other injunctive and/or equitable relief;

(b) Compensatory and consequential damages, including damages for 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;

(c) All economic losses on all claims allowed by law;

(d) Punitive damages on all claims allowed by law and in an amount to be

determined at trial;

(e) Attorneys fees and the costs associated with this action, including expert witness

fees, on all claims allowed by law;

(f) Pre- and post-judgment interest at the lawful rate.

(g) Any further relief that this court deems just and proper, and any other relief as

allowed by law.

PLAINTIFFS REQUEST A TRIAL TO A JURY ON ALL ISSUES SO TRIABLE.

Dated this 29th day of May 2012.

KILLMER, LANE & NEWMAN, LLP s/ David A. Lane ________________________________________ David A. Lane Faisal Salahuddin 1543 Champa Street, Suite 400 Denver, Colorado 80202 (303) 571-1000 Attorneys for Plaintiffs


Date: May ____, 2012 Clerk, U.S. District Court, U.S. Courthouse, 901 19th Street, Denver, CO 80294 NOTE: This summons is issued pursuant to Rule 4 of the Federal Rules of Civil Procedure.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _________________________ AMANDA GRIEGO, and COLBY FRIAS, her minor child by and through his next friend, Amanda Griego, Plaintiffs, v. OFFICER ALAN STEINHAGE, in his individual and official capacity, 10 UNKNOWN OFFICERS OF THE GREELEY POLICE DEPARTMENT, in their individual and official capacities, 10 UNKNOWN AGENTS OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, in their individual and official capacities, and CITY OF GREELEY, COLORADO, a municipal corporation. Defendants. ______________________________________________________________________________

SUMMONS ______________________________________________________________________________ To the above named Defendant: OFFICER ALAN STEINHAGE:

A lawsuit has been filed against you. You are hereby summoned and required to serve

upon David A. Lane and Faisal Salahuddin, Plaintiff’s attorneys, whose address is KILLMER,

LANE & NEWMAN, LLP, 1543 Champa Street, Suite 400, Denver, CO 80202, and file with the

Clerk of the Court, an answer to the complaint which is herewith served upon you, within 21

days of service of this summons upon you, exclusive of the day of service pursuant to Rule 12 of

the Federal Rules of Civil Procedure. If you fail to do so, judgment by default will be taken

against you for the relief demanded in the complaint.

Case 1:12-cv-01392-RBJ Document 1-1 Filed 05/29/12 USDC Colorado Page 1 of 2


__________________ Clerk of Court

____________________________________

Deputy Clerk of the Court

(Seal of the Court)



IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _________________________ AMANDA GRIEGO, and COLBY FRIAS, her minor child by and through his next friend, Amanda Griego, Plaintiffs, v. OFFICER ALAN STEINHAGE, in his individual and official capacity, 10 UNKNOWN OFFICERS OF THE GREELEY POLICE DEPARTMENT, in their individual and official capacities, 10 UNKNOWN AGENTS OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, in their individual and official capacities, and CITY OF GREELEY, COLORADO, a municipal corporation. Defendants. ______________________________________________________________________________

SUMMONS ______________________________________________________________________________ To the above named Defendant: CITY OF GREELEY, COLORADO:

A lawsuit has been filed against you. You are hereby summoned and required to serve

upon David A. Lane and Faisal Salahuddin, Plaintiff’s attorneys, whose address is KILLMER,

LANE & NEWMAN, LLP, 1543 Champa Street, Suite 400, Denver, CO 80202, and file with the

Clerk of the Court, an answer to the complaint which is herewith served upon you, within 21

days of service of this summons upon you, exclusive of the day of service pursuant to Rule 12 of

the Federal Rules of Civil Procedure. If you fail to do so, judgment by default will be taken

against you for the relief demanded in the complaint.



__________________ Clerk of Court

____________________________________

Deputy Clerk of the Court

(Seal of the Court)


griego v. steinhage

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