3residents of the State of Colorado at all relevant times stated herein.
At all times relevant to this Complaint, Plaintiffs were citizens of the UnitedStates of America and residents of the State of Colorado. Plaintiff Daniel Martinez Jr. is thefather of the Martinez household. Nathan (19 years old), Daniel III (21 years old), and Jonathan(16 years old) are all biological sons of Mr. Martinez Jr.8.
Defendant City and County of Denver is a political subdivision of the State of Colorado.9.
At all times relevant hereto, Defendant Gerald Whitman was a citizen of theUnited States and a resident of the State of Colorado. Defendant Gerald Whitman is sued in hisofficial capacity as the Chief of the Denver Police Department, employed by the Defendant Cityand/or the Denver Police Department, and was acting under color of state law.10.
At all times relevant to this Complaint, Officer Jason Valdez, Badge No. 06123;Officer Robert Martinez, Badge No. 05040; Sergeant Robert Motyka, Badge No. 96049; andOfficer Bryce Jackson, Badge No. 04035 were employed by the City and County of Denver asmembers of the Denver Police Department, and acting under color of state law.11.
At all times relevant to this Complaint, the City and Denver and all of its agentsand employees were acting within the scope of their official duties and employment, under colorof state law.
On or about January 9, 2009, the Martinez family moved into 1263 N. StuartStreet, Denver, Colorado 80204.
Case 1:11-cv-00102-MSK Document 1 Filed 01/13/11 USDC Colorado Page 3 of 15