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Griego v. Steinhage

Griego v. Steinhage

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Published by jpr9954
Lawsuit against ATF and Greeley PD
Lawsuit against ATF and Greeley PD

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Published by: jpr9954 on Jun 01, 2012
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06/01/2012

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No.AMANDA GRIEGO, andCOLBY 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 individualand official capacities,10 UNKNOWN AGENTS OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS ANDEXPLOSIVES, in their individual and official capacities, andCITY 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 AmandaGriego ("Ms. Griego") and her then eight-year-old son, Colby Frias (“Plaintiffs”) rights under theFourth Amendment to the Constitution of the United States. Ms. Griego alleges that Defendantsviolated 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 anylegal right to enter the home.
Case 1:12-cv-01392-RBJ Document 1 Filed 05/29/12 USDC Colorado Page 1 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 findsthat the Defendants were acting under color of federal law instead of state law pursuant to 42U.S.C. § 1983 (because various Defendants are federal law enforcement agents), it should thenbe found under
 Bivens v. Six Unknown Drug Agents
, 403 U.S. 388 (1971). Jurisdiction supportingPlaintiff’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 theparties are residents of the state.4.
 
At all pertinent times mentioned herein, Plaintiffs were citizens of the United Statesof America, and residents of Colorado.5.
 
At all times, all Defendants were acting within the scope of their duties andemployment, under color and authority of state (or federal) law, and in their official capacities aslaw enforcement officers.
FACTUAL BACKGROUND
6.
 
Upon information and belief, on June 15, 2010 at approximately 7:00 a.m., the agentsof the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and Alan Steinhage of theGreeley Police Department arrived at Ms. Griego’s home at 2423 East 18
th
Street, Greeley,Colorado.7.
 
The ATF and the Greeley Police Department were attempting to arrest a previoustenant at Ms. Griego’s address whose name was “Angela” who had not lived at that residence forover one year.2
Case 1:12-cv-01392-RBJ Document 1 Filed 05/29/12 USDC Colorado Page 2 of 6
 
8.
 
The Greeley Police Department had been to Ms. Griego’s home at 2423 East 18
th
 Street, Greeley, Colorado twice in the past year to inquire about Angela, and Ms. Griegorepeatedly told officers that the woman no longer lived at that address. Nevertheless, the officersstill entered her home on June 15, 2010 without probable cause to believe that Angela was livingthere.9.
 
Defendants relied on an address listing for Angela that had been current on February12, 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; notreceiving 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 sonwas sleeping in his bedroom. Ms. Griego dressed and approached the front door. When she gotto 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 wasable to convince Defendants that she was not Angela.13.
 
During this incident and to date, despite numerous requests, Ms. Griego has not beenpresented 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 tosuffer 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 thisclaim.3
Case 1:12-cv-01392-RBJ Document 1 Filed 05/29/12 USDC Colorado Page 3 of 6

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