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Kaleb Young Complaint

Kaleb Young Complaint

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Published by Michael Roberts

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Published by: Michael Roberts on Apr 12, 2013
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09/15/2013

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DISTRICT COURT, LARIMER COUNTY,COLORADO201 LaPorte AvenueFort Collins, CO 80521-2761 __________________________________________ 
KALEB YOUNG, an individual,Plaintiff,v.LARIMER COUNTY SHERIFF’S OFFICE, alocal governmental entity;SHERIFF JUSTIN SMITH, in his officialcapacity as LARIMER COUNTY SHERIFF;DETECTIVE PETE MESECHER, in his officialand individual capacities;Defendants.
 __________________________________________ Attorneys for Plaintiffs:Robert J. Corry, Jr. #32705Travis B. Simpson #43858600 Seventeenth StreetSuite 2800 South Tower Denver, Colorado 80202303-634-2244 telephone720-420-9084 facsimileRobert.Corry@comcast.net Travis@RobCorry.com 
COURT USE ONLY
 _______________________ Case Number:
COMPLAINT
 Plaintiff Kaleb Young, through undersigned counsel, hereby submits his complaintand jury demand, and as grounds states as follows;
INTRODUCTION
1. Kaleb Young brings this civil rights action pursuant to 42 U.S.C. §§ 1983and 1988 for relief through compensatory damages and attorney’s fees stemming fromDefendants’ violations of Mr. Young’s rights guaranteed by the Fifth and FourteenthAmendments to the United States Constitution as well as Article XVIII § 14 of the
EFILED DocumentCO Larimer County District Court 8th J
 
DFiling Date: Dec 03 2012 08:14PM MSTFiling ID: 48133378Review Clerk: Amber Volzke
 
DATE FILED: December 3, 2012
 
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Colorado Constitution. Defendants’ conduct under color of state law directly and proximately caused the deprivation of Mr. Young’s protected rights under the ColoradoState Constitution. Mr. Young seeks relief through compensatory damages andattorney’s fees.
PARTIES
2. During the times relevant to this action, Plaintiff Kaleb Young was aColorado medical marijuana patient and primary caregiver 
 pursuant to ColoradoConstitution Article XVIII § 14
. Mr. Young resides in Larimer County.3. Defendant Larimer County Sheriff’s Office is a local governmental entityorganized under the Colorado Constitution, operating under color of law, with a principal place of business in Ft. Collins, Colorado.4. Defendant Justin Smith is Sheriff of Larimer County, a local governmentalofficial operating under color of law with a principal place of business in Larimer County, Colorado.5. Defendant Pete Mesecher is a Detective with the Larimer County Sheriff’sOffice, a local governmental entity organized under the Colorado Constitution, operatingunder color of law, with a principal place of business in Larimer County, Colorado.
STATEMENT OF JURISDICTION
6. This Court has jurisdiction over this matter pursuant to C.R.C.P. 98.7. Pursuant to C.R.C.P. 98, venue is proper in this Court because theDefendants reside in Larimer County and all of the decisions and actions taken by theDefendants occurred in Larimer County.
 
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GENERAL ALLEGATIONS
 8. On September 22, 2010, officers and detectives from the Larimer CountySheriff’s Office, led by Detective Pete Mesecher, executed a search warrant on Mr.Young’s houses at 5228 East Harmony Road in Timnath, Colorado and 12669 NorthCounty Road 5 in Larimer County.9. During the execution of this search warrant of 12669 North County Road 5in Larimer County, officers located a medical marijuana garden and usable medicalmarijuana.10. Upon officers contacting Mr. Young, he provided officers with medicalmarijuana paperwork authorizing Mr. Young to possess and cultivate the amount of medical marijuana that he was possessing and cultivating.11. Notwithstanding the presentation of this paperwork, officers seized and booked into evidence 42 of Mr. Young’s medical marijuana plants, raw medicalmarijuana, as well as medical marijuana ingestion implements and cultivation equipment.12. Mr. Young was charged in Larimer County District Court with Cultivationof Marijuana, C.R.S. 18-18-406(7.5)(c), Possession with Intent to Manufacture or Distribute Marijuana – Less than Five Pounds, C.R.S. 18-18-406(6)(b)(I),(III)(A), andPossession of Marijuana – More than Twelve Ounces, C.R.S. 18-18-406(4)(c).13. Following a jury trial and upon presentation of the affirmative defense of Medical Use of Marijuana by Persons Suffering from Debilitating Medical Conditions, as provided by Colorado Constitution Article XVIII § 14(4)(b), a jury of Larimer Countycitizens acquitted Mr. Young of all charges on November 23, 2011.

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