Case 1:15-cv-02662 Document 1 Filed 12/09/15 USDC Colorado Page 1 of 22

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02662
KENT LASNIK, an Individual
Plaintiff,
v.
OFFICER MARK MAGNESS, in his individual capacity;
OFFICER DAVID ROMERO, in his individual capacity; and
CHIEF KARL WILMES, in his official capacity,
Defendants.
______________________________________________________________________
COMPLAINT AND JURY DEMAND
______________________________________________________________________
Plaintiff Kent Lasnik (Plaintiff or Mr. Lasnik), by and through his attorneys Qusair
Mohamedbhai, Siddhartha H. Rathod, and Matthew J. Cron, of RATHOD MOHAMEDBHAI LLC.,
brings the following Complaint and Jury Demand, and in support alleges as follows:
I.

INTRODUCTION

On December 6, 2014, Senior Patrol Officer David Romero of the Federal Heights Police
Department (FHPD) witnessed the assault and torture of Kent Lasnik, then a 48-year old man
in his custody. Officer Romero watched as fellow FHPD officer Corporal Mark Magness
dragged Mr. Lasnik from a police car head-first onto the concrete floor, shoved his face into the
corner of a refrigerator, beat him mercilessly in a holding cell, hurled him into a restraint chair,
and tortured him with painful pressure point holds for the sole purpose of causing pain and

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otherwise inflicting unlawful abuse. All the while, Cpl. Magness screamed profanities and
threats, putting Mr. Lasnik in fear for his life.

But Officer Romero took absolutely no steps to protect Mr. Lasnik from Corporal
Magnesss abuse. Instead, as Mr. Lasnik was being tortured in the restraint chair, Officer
Romero called him, inter alia, a stupid fucking idiot, a piece of shit, and a dumbass drunk.
Officer Romero told Mr. Lasnik that he was getting what he deserved, and that the officers
would tack on additional criminal charges. After Corporal Magnesss enraged assault and
torture finally ended, Officer Romero attempted to hide Corporal Magnesss crimes by writing a
false police report that exposed Mr. Lasnik (but not Corporal Magness) to serious criminal
charges.
What Corporal Magness did to Mr. Lasnik on December 6, 2014 was sadistic and
inhumane. But the blame for Corporal Magnesss conduct is not his alone. It is shared by the
FHPD, which failed to train, supervise, and discipline its officers, rewarded excessive force, and
tolerated dishonesty. And it is shared by Officer Romero who was in a position to stop Corporal
Magness but chose instead to approve and encourage the abuse and torture of Mr. Lasnik.

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II.
1.

JURISDICTION, VENUE, AND PARTIES

This action arises under the Constitution and laws of the United States and is

brought pursuant to 42 U.S.C. 1983. Jurisdiction is conferred on this Court pursuant to 28

U.S.C. 1331. Jurisdiction supporting Plaintiffs claim for attorneys fees and costs is conferred
by 42 U.S.C. 1988.
2.

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

of the events and omissions alleged herein occurred within the state of Colorado. At the time of
the events and omissions giving rise to this litigation, all of the parties resided in Colorado.
3.

At all pertinent times, Mr. Lasnik was a citizen of the United States and a resident

of the State of Colorado.

4.

At all times relevant to the subject matter of this litigation, Defendant Corporal

Mark Magness was a citizen of the United States and a resident of Colorado and was acting
under color of state law in his capacity as a law enforcement officer employed by the FHPD.
5.

At all times relevant to the subject matter of this litigation, Defendant Senior

Patrol Officer David Romero was a citizen of the United States and a resident of Colorado and
was acting under color of state law in his capacity as a law enforcement officer employed by the
FHPD.
6.

Defendant Karl Wilmes is the current Chief of Police for the FHPD and a

representative and final policymaker for the City of Federal Heights. Defendant Wilmes is a
citizen of the United States and a resident of Colorado.

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III.

FACTUAL ALLEGATIONS

Defendant Magness Assaults and Tortures Kent Lasnik

7.

Defendant Magnesss assault of Mr. Lasnik was captured by body cameras. The

videos include sound. Additionally, other cameras from the FHPD holding facility provide
alternative views of the assault.
8.

On December 6, 2014, Mr. Lasnik was arrested in the City of Federal Heights,

County of Adams, State of Colorado. Defendant Magness and Defendant Romero participated in
the arrest.
9.

After Mr. Lasniks arrest, Defendant Magness and Defendant Romero transport

him to the FHPD station in a police car. Mr. Lasnik was on his stomach in the backseat with his
arms handcuffed behind his back. He was not seat-belted, nor were any other measures taken to
ensure his safety.
10.

At the police station, Defendant Romero orders Mr. Lasnik out of the police

vehicle. Because he was lying on his seatbelt with his arms handcuffed behind him, Mr. Lasnik
states that he cannot move.
11.

Defendant Magness opens the rear door of the police car, grabs Mr. Lasnik by the

right forearm just below the elbow, and drags Mr. Lasnik from the vehicle head-first onto the
concrete floor.
12.

When Mr. Lasnik asks Defendant Magness why he pulled him onto the floor,

Defendant Magness replies Youre out of the car, arent you?

13.

Defendant Magness then screams at Mr. Lasnik to get up from the floor, yanks

him by the elbow, and marches him toward the booking room door. Near the door, Defendant

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Magness spins Mr. Lasnik around and slams Mr. Lasniks face first into the corner of a
refrigerator placed next to the door.
14.

Mr. Lasnik begins bleeding from his chin as a result of being slammed into the

corner of the refrigerator.

15.

Neither Defendant Magness nor Defendant Romero request medical treatment or

otherwise provide treatment for Mr. Lasniks visible injuries.

16.

Inside the police station, while being moved into the holding cell, Mr. Lasnik

curses at Defendant Romero. Defendant Romero grabs Mr. Lasnik by the neck, pushes him into
the cell, and screams at him to sit the fuck down.
17.

Inside the cell, Mr. Lasnik looks in the general direction of Defendant Magness,

who was outside the cell, and states, That guys a dick.
18.

Defendant Magness enters the cell and engages in a confrontation with Mr.

Lasnik regarding this comment.

19.

Defendant Romero later told investigating officers that Defendant Magness got

up in [Mr. Lasniks] face.

20.

Defendant Magnesss decision to enter the cell and tower over Mr. Lasnik in an

aggressive posture causes Mr. Lasnik to react and push his right open hand towards Defendant
Magness. Defendant Magness responds to this defensive gesture by delivering approximately
six closed fist strikes to Mr. Lasniks head and torso.
21.

Mr. Lasnik offers no physical resistance as Defendant Magness pummels him,

only covering his head and face to protect himself from the strikes. Despite the non-resistance,
Defendant Magness continues to beat Mr. Lasnik.

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22.

Defendant Magness then takes Mr. Lasnik to the floor, and delivers

approximately six more closed fist strikes to Mr. Lasniks torso while Mr. Lasnik futilely
attempts to protect himself.
23.

As Defendant Magness delivers his closed fist strikes to Mr. Lasniks head and

torso, Defendant Magness repeatedly shouts stop resisting. Mr. Lasnik is curled into a ball,
attempting to cover his head and face from Defendant Magnesss blows. Mr. Lasnik was in no
way resisting Defendant Magnesss violence.
24.

After Defendant Magness tires of beating Mr. Lasnik, Mr. Lasnik is left lying on

his stomach on the floor. Defendant Magness holds Mr. Lasniks arms behind him as Defendant
Romero applies handcuffs. Defendant Romero calls Mr. Lasnik a stupid mother-fucker.
25.

Defendants Magness and Romero leave the cell, leaving Mr. Lasnik bleeding and

bruised on the concrete floor with his arms cuffed behind his back.
26.

Defendant Magness grabs a restraint chair and hurls it across the police station.

27.

Defendants Romero and Magness re-enter the cell, force Mr. Lasnik to his feet,

and Defendant Magness throws him into the restraint chair, all the while Mr. Lasnik is
handcuffed and unable to protect himself.
28.

Defendant Magness grabs Mr. Lasnik by the throat and screams at him to sit up.

His face is inches from Mr. Lasniks.

29.

Once in the restraint chair, Mr. Lasnik continues to offer no resistance.

Nevertheless, Defendant Magness berates him with profanity and challenges. Attempting to
blunt Defendant Magnesss rage, Mr. Lasnik repeatedly tells the officers that he is sorry and will
not do anything.

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30.

In spite of Mr. Lasniks passivity and compliance, Defendant Magness continues

to behave in a manner that projects extreme anger and a loss of control over parts of the
situation.
31.

While Mr. Lasnik is strapped in the restraint chair, Defendant Magness, takes the

right shoulder strap of the restraint chair and places it over Mr. Lasniks shoulder by striking
down on his shoulder with significant force, yelling at him, dumbass.
32.

Defendant Magness then strikes and pushes Mr. Lasniks head back with

substantial force, yelling sit back. Defendant Magness grabs Mr. Lasniks head and holds his
temples using his thumb and fingers, applying substantial pressure. Defendant Magness
maintains this pressure hold on Mr. Lasniks temples for approximately three minutes.
33.

When Defendant Romero advises that Mr. Lasnik will need medical

attention, Defendant Magness responds I dont carestrap him in the chair.

34.

Defendant Magness continues to scream at Mr. Lasnik. When Mr.

Lasnik denies taking a swing at Defendant Magness, Defendant Magness responds by taking the
index finger of his left hand and jabbing it into Mr. Lasniks left temple, stating in that precious
little mind of yours you didnt take a swing, cool.
35.

When Mr. Lasnik reacts by saying ouch, Defendant Magness tells Mr. Lasnik

this is ouch, as he takes the thumb of his left hand and presses it into the mandibular angle
using a pressure point control tactic, causing extreme pain.
36.

Defendant Magness tells Mr. Lasnik, you read to relax, relax while forcibly

pushing Mr. Lasniks head away from him.

37.

Defendant Magness tells Mr. Lasnik, You didnt mean to take a

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swing at me, I didnt mean to bust your face up either.

38.

When Mr. Lasnik asks Defendant Magness to calm down, Defendant Magness

states, fuck you, you aint in charge. Ill calm down when Im damn good and ready.
Dumbass!
39.

The abuse terminates only when other law enforcement officers enter the police

40.

By the time that the other law enforcement officers interrupted Defendants

station.

Magness and Romeros abuse, the floor of the police station was speckled with drops of Mr.
Lasniks blood.
Defendant Romero Encourages Defendant Magness and Fails to Intervene
41.

At the time of the events giving rise to this lawsuit, Defendant Romero was an

eight-year veteran of the FHPD.

42.

Earlier on the night of December 6, 2014, Defendant Romero described his arrest

of Mr. Lasnik thusly:

I get out of the car and I go contact him and he goes Im just looking for
somebody who lives here. And I grabbed ahold of him and I say . . . I just put
him in a temple lock and I say motherfucker you do this and Im going to fucking
throw you on your fucking face, so then I threw him down on the ground.
43.

After Defendant Romero handcuffed Mr. Lasnik and placed him inside of the

police car, Defendant Romero approached the police car window and shouted, stupid fuck;
stupid mother-fucker; youre a fucking idiot; youre lucky I didnt fucking shoot your ass;
fucking dumb mother-fucker.
44.

As written by Deputy Chief Don Vallero in a memorandum, Defendant Romeros

comments reflect a level of frustration and/or inimical attitude . . . [that] eventually spills over
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to how [Officer Romero] and Corporal Magness later respond to [Mr. Lasnik] at the police
department.
45.

As Defendant Magness abused and tortured Mr. Lasnik, Defendant Romero

motioned several times to his body camera to warn Defendant Magness that he was being
recorded.
46.

Defendant Romero did not take any action to stop Defendant Magness from

continuing to abuse Mr. Lasnik, nor did he tell Defendant Magness to stop abusing Mr. Lasnik.
47.

Instead, Defendant Romero encouraged Defendant Magnesss abuse. At the

FHPD station, Defendant Romero berated and insulted Mr. Lasnik as follows:
a.

get your ass up, after Mr. Lasnik is yanked from the police car
head-first onto the concrete floor;

b.

shut the fuck up as Mr. Lasnik was brought into the police station
after being shoved face-first into the refrigerator;

c.

Sit down! Sit the fuck down! while shoving Mr. Lasnik by the neck
into the holding cell;

d.

you stupid mother-fucker, immediately after Mr. Lasnik was

assaulted in the cell and was lying motionless on the cement floor;

e.

youre an idiot, youre a class one fucking idiot, after Mr. Lasnik
was thrown into the restraint chair;

f.

stop resisting, do you understand me, stop fucking doing it, while
Mr. Lasnik sat compliantly in the restraint chair;

g.

shut up, I told you to shut the fuck up from the beginning as

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Officer Romero tightened the chair restraints; and

h.

sorry for nothing, you piece of shit, after Mr. Lasnik apologized.
Youre a drunk . . . a dumbass drunk at that.

48.

Defendant Romero expressly stated his approval of Defendant Magnesss abuse

by telling Mr. Lasnik, as he was being tortured in the restraint chair, fight with the cops, this is
was you get.
49.

Defendant Romero also told Mr. Lasnik well keep tacking them on,

foreshadowing how he and Defendant Magness would implicate Mr. Lasnik for a crime to cover
up Defendant Magnesss abuse.
Defendant Romero and Defendant Magness Write False Police Reports Designed to
Implicate Mr. Lasnik and Hide the Officers Unlawful Conduct
50.

Both Defendant Magness and Defendant Romero wrote police reports regarding

the December 6, 2014 incident.

51.

Defendant Magness and Defendant Romeros police reports contained numerous

falsehoods and material omissions.

52.

These police reports were part of the Defendants attempt to cover-up Defendant

Magnesss crime as the reports omitted all wrongdoing by Defendant Magness.

53.

Defendant Romero falsely wrote that Cpl. Magness and I assisted Mr. Lasnik out

of the patrol vehicle onto his side and then onto his feet. Defendant Romero omitted that
Defendant Magness dragged Mr. Lasnik out of the car head-first onto the concrete floor while
Mr. Lasnik was handcuffed.

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54.

Defendant Magness falsely wrote that Mr. Lasnik would not step out of the

patrol vehicle, omitting that Mr. Lasnik had been transported on his stomach with his arms
hand-cuffed behind his back and could not step out of the vehicle.
55.

Defendant Romero falsely wrote that Mr. Lasniks forward momentum carried

him to a refrigerator . . . . Defendant Magness falsely wrote that Mr. Lasnik stumbled into the
refrigerator and wall on the left of the doorway. Both Defendants omitted that Defendant
Magness forcibly shoved Mr. Lasnik into the corner of the refrigerator, splitting open his chin.
56.

Defendant Romero falsely wrote that Mr. Lasnik became verbally abusive

towards officers in the holding cell. Defendant Magness falsely wrote that Mr. Lasnik became
resistant and verbally abusive in the holding cell. Both Defendants omitted their own verbal
abuse of Mr. Lasnik.
57.

Defendant Romero falsely wrote than Mr. Lasnik then attempted to assault Cpl.

Magness by throwing a punch in the direction of Cpl. Magness. Officers then attempted to gain
control of Mr. Lasnik when he was actively resisting and we were not able to control him.
Defendant Magness falsely wrote that Mr. Lasnik attempted to strike me on the right side of my
face with his right hand in a closed fist and that Mr. Lasnik placed his left hand under himself
and kicked backwards toward officers. Mr. Lasnik did not punch or attempt to punch
Defendant Magness, nor was he actively or passively resisting in any way. Both Defendants
omitted that Defendant Magness delivered 12 punches, not to gain compliance but to punish.
58.

Defendant Magness falsely wrote that Mr. Lasnik was combative in the restraint

chair and attempted to get to his feet. Mr. Lasnik was not combative and never attempted to
rise to his feet. Defendant Magness also wrote that [a]t one point Mr. Lasnik stated ow and

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tried to lift his head forward while Officer Romero was attempting to secure his feet.
Defendant Magness omitted that Mr. Lasnik stated ow as a result of Defendant Magness
pushing his finger into Mr. Lasniks head. Defendant Magness also omitted from his report that
he then said this is ow and applied a mandibular angle pressure point technique solely to cause
pain.
59.

Defendant Romeros report does not include any mention of Defendant

Magnesss torture of Mr. Lasnik while he was secured in the restraint chair.
60.

As a result of these misleading police reports, Mr. Lasnik was detained on a

charge of Attempted Assault in the Second Degree on a Peace Officer, a class four felony.
Facts Relating to Defendant Magnesss History of Using Excessive Force
61.

On July 5, 2009, Defendant Magness assaulted Dennis Discua. Mr. Discua

suffered a dislocated elbow as a result of the assault. The incident was investigated by both
FHPD Internal Affairs and the Adams County District Attorney.
62.

Mr. Discua provided a written statement that he was attacked from behind by

Defendant Magness who injured his arm. Mr. Discua wrote that Defendant Magness then left
the scene, and Mr. Discua called 911. Defendant Magness then responded to the 911 call,
returned to the scene, and pretended not to have been there earlier.
63.

Three eye-witnesses verified that Defendant Magness had assaulted Mr. Discua.

64.

In his police report, Defendant Magness claimed that Mr. Discua had injured

himself by rolling down a hill.

65.

For his assault on Mr. Discua, Defendant Magness was prosecuted by the Adams

County District Attorneys Office and ultimately convicted of reckless endangerment.

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66.

On September 5, 2010, Defendant Magness arrested Maria Orrantia. During the

arrest, Defendant Magness grabbed her and threw her to the ground before shoving her into the
police car. When her legs were sticking out of the police car, Defendant Magness struck her
knees with his baton.
67.

On March 5, 2011, Defendant Magness was part of a group of officers that

detained Greg Benavides, Katie Benavides, Raul Medina, and Andrea Roybal outside of a bar.
Defendant Magness tackled Ms. Roybal, who suffered significant scrapes and bruises.
68.

On August 27, 2011, Defendant Magness assaulted Edgar Gutierrez-Rodriguez

outside of his home.

69.

In his police reports, Defendant Magness wrote that Mr. Gutierrez-Rodriguez was

non compliant and became actively aggressively toward this officer.

70.

Three neighbors provided written statements contradicting Defendant Magnesss

version of events.
71.

For example, neighbor Michael A. Berry wrote I do not know what [Mr.

Gutierrez-Rodridguez] could have done differently. He was not aggressive, confrontive [sic], or
loud . . . It was obvious to me that the Officer who was applying the most (excessive) force,
Officer Maguss [sic] did not need to do so to control the man or the situation. Officer Maguss
[sic] did not need to stomp on the owners back or grind him into the pavement as he did.
72.

Another neighbor, Gerardo A. Garcia, wrote that [m]y neighbor was just

screaming because of the pain he was going through. I was so surprised by the officer reaction.
Kept[ ] punching my neighbor . . . . Now I will think twice before calling the cops.

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73.

Mr. Gutierrez-Rodriguez suffered significant injuries as a result of Defendant

Magnesss use of excessive force.

74.

On June 7, 2013, Defendant Magness confronted Preston James outside his

girlfriends apartment, grabbed him by the throat, threw him to the ground and tasered him.
75.

On May, 23, 2013, Defendant Magness entered a residence, woke up Matthew

Lister who was in bed, punched him, slammed his face into the floor, and kicked him in the
stomach.
76.

Defendant Magness aggression, proclivity towards violence, and temper, which

were on full display during his abuse of Mr. Lasnik, were well-known to the FHPD.
77.

During an interview with an Adams County District Attorney investigator,

Defendant Romero acknowledged that Defendant Magness had a history of . . . being very
aggressive with suspects and that he gets very angry and he gets in peoples faces. Defendant
Romero continued that a lot of times [Defendant Magness] just sees red and thats unfortunate.
78.

Defendant Romero explained that there have been times when other officers have

had to physically pull Defendant Magness away from suspects because of his aggression.
Facts Relating to FHPDs Failure to Discipline, Failure to Train, and Tolerance of
Dishonesty
79.

Despite his history of using excessive force, Defendant Magness received

minimal discipline from the FHPD and was promoted to the position of corporal.
80.

With regard to his assault on Mr. Discua, which resulted in a criminal conviction,

the FHPD suspended Defendant Magness for only four days.

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81.

Although Defendant Magness was convicted of a criminal offense, then-Chief of

Police Les Acker wrote in a Letter of Suspension that Defendant Magness was negligent in this
matter.
82.

Chief Ackers disciplinary letter was dated December 21, 2009, more than five

months after Defendant Magnesss assault on Mr. Discua, further diluting any punitive effect of
the suspension.
83.

With regard to Mr. Gutierrez-Rodriguez, an undated two-paragraph internal

affairs report concluded that Officer Magness was justified in his contact with Mr. Gutierrez but
should have used better judgment in regard to his approach to him . . . The level of force,
although appropriately and a response to the actions of Mr. Gutierrez, where [sic] as much a
result of Officer Magness aggressive approach as that of Mr. Gutierrez[s] desire to leave.
84.

The FHPD did not impose any discipline against Defendant Magness for the force

he employed against Mr. Gutierrez-Rodriguez, despite the written statements of three

eyewitnesses demonstrating that Corporal Magness had used excessive force.
85.

The FHPD did not investigate, let alone discipline, Defendant Magness for his use

of force against Ms. Orrantia, Mr. Benavides, Ms. Benavides, Mr. Medina, Ms. Roybal, Mr.
Lister, or Mr. James.
86.

For writing a blatantly false and misleading police report, which both covered up

Defendant Magnesss assault of a defenseless victim and exposed Mr. Lasnik to unjustified
felony charges, Defendant Romero received nothing more than a written reprimand.

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VI.

STATEMENT OF CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

42 U.S.C. 1983 Fourth & Fourteenth Amendments Excessive Force
(Against Defendant Magness)
87.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
88.

At all times relevant to this claim, Defendant Magness was acting under color of

state law in his capacity as a Federal Heights law enforcement officer.

89.

Plaintiff had a clearly established constitutional right under the Fourth and

Fourteenth Amendments to the United States Constitution to be secure in his person against
unreasonable seizures through excessive force.
90.

Any reasonable law enforcement knew or should have known of this clearly

established right.
91.

Defendant Magness engaged in the use of force that was objectively unreasonable

in light of the facts and circumstances confronting him, including, but not limited to the
following actions:
a.

Dragging Plaintiff from the police car face-first onto the concrete
floor, and kicking him on the floor;

b.

Slamming Plaintiff face-first into the corner of a refrigerator;

c.

Punching Plaintiff approximately twelve times;

d.

Throwing Plaintiff into the restraint chair while he was hand-cuffed

and unable to protect himself;

e.

Pushing Plaintiffs head back against the restraint chair by the

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temple;
f.

Applying pressure to Plaintiffs temples for approximately three

minutes;

g.

Applying pressure point control tactics on Plaintiff solely to cause

pain.

92.

Defendant Magnesss actions, as described herein, were undertaken intentionally,

maliciously, willfully, wantonly, and/or in reckless disregard of Plaintiffs federally protected

rights.
93.

The acts and omissions of Defendant Magness were engaged in pursuant to the

custom, policy, and practice of the FHPD, which encourages, condones, tolerates, and ratifies the
use of excessive force and the deprivation of constitutionally protected interests by its law
enforcement officers.
94.

Defendant Magness conduct violated clearly established rights belonging to

Plaintiff of which reasonable law enforcement knew or should have known.

95.

The acts or omissions of Defendant Magness were the legal and proximate cause

of Plaintiffs damages.
96.

As a direct result of Defendant Magness unlawful action as described above,

Plaintiff suffered actual physical, emotional, and economic injuries in an amount to be proven at
trial.
97.

Plaintiff has been and continues to be damaged by Defendant Magness use of

excessive force.

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98.

Defendant Magness is not entitled to qualified immunity for the complained of

conduct.
SECOND CLAIM FOR RELIEF
42 U.S.C. 1983 Fourth & Fourteenth Amendment Excessive Force/Failure
to Intervene (Against Defendant Romero)
99.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
100.

At all times relevant to this claim, Defendant Romero was acting under color of

state law in his capacity as a Federal Heights law enforcement officer.

101.

Plaintiff had a clearly established constitutional right under the Fourth and

Fourteenth Amendments to the United States Constitution to be secure in his person against
unreasonable seizures through excessive force.
102.

Defendant Romero was present and witnessed the objectively unreasonable force

used by Defendant Magness. However, Defendant Romero failed to take reasonable steps to
protect Plaintiff from the objectively unreasonable force employed by Defendant Magness.
103.

Defendant Romero could have prevented or stopped the assault on Plaintiff but

failed to do so.
104.

Defendant Romero is therefore liable for the damages resulting from the

objectively unreasonable force used by Defendant Magness. Defendant Romero is also liable for
any damages resulting from his failure to intervene.
105.

The acts and omissions of Defendant Romero were engaged in pursuant to the

custom, policy, and practice of the FHPD, which encourages, condones, tolerates, and ratifies the

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use of excessive force and the deprivation of constitutionally protected interests by its law
enforcement officers.
106.

Defendant Romeros conduct violated clearly established rights belonging to

Plaintiff of which reasonable law enforcement knew or should have known.

107.

The acts or omissions of Defendant Romero were the legal and proximate cause

of Plaintiffs damages.
108.

As a direct result of Defendant Romeros unlawful action as described above, and

as an indirect result of Defendant Magnesss unlawful action as described above, Plaintiff has
suffered actual physical, emotional, and economic injuries in an amount to be proven at trial.
109.

Plaintiff has been and continues to be damaged by Defendant Romero and

Defendant Magness use of excessive force.

110.

Defendant Romero is not entitled to qualified immunity for the complained of

conduct.
THIRD CLAIM FOR RELIEF
42 U.S.C. 1983 Fourth Amendment Failure to Train and Supervise
(Against Defendant Wilmes in his official capacity)
111.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
112.

The FHPD failed to properly train, supervise, and discipline its employees with

respect to the use of excessive force.

113.

The FHPDs failure to, in its supervisory duties, adequately train, supervise, and

discipline its officers with respect to the use of excessive force is a custom, policy, or practice of
the FHPD and a driving force behind the constitutional violations described herein.

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114.

The FHPD has a culture of tolerating and condoning excessive force by its law

enforcement officers. The FHPD failed to discipline, train, and supervise Defendant Magness
and Defendant Romero concerning the Fourth Amendment and the use of excessive force against
persons in their custody.
115.

Despite FHPD being put on notice of Defendant Magness brutality towards

citizens, Defendant Magness remained an active member of the FHPD and was even promoted to
corporal.
116.

The decision to retain Defendant Magnesss employment was made by former

FHPD Chief of Police and final policymaker Les Acker.

117.

The physical abuse of Plaintiff was a foreseeable consequence of the FHPDs

actions and inactions.

118.

The FHPD was deliberately indifferent to the constitutional rights of its arrestees

by failing to properly train, monitor, supervise, and discipline its employees with respect to the
use of excessive force. The FHPD could have and should have pursued reasonable methods of
training, monitoring, supervising, and disciplining its employees.
119.

The unconstitutional policies, procedures, customs and/or practices of the FHPD

were the legal and proximate cause of Plaintiffs damages.

120.

The acts or omissions of the FHPD caused Plaintiff damages in that he suffered

extreme physical and mental pain during the assault and torture.
121.

The actions or omissions of the FHPD as described herein deprived Plaintiff of

the rights, privileges, liberties, and immunities secured by the Constitution of the United States
of America, and caused him other damages.

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Case 1:15-cv-02662 Document 1 Filed 12/09/15 USDC Colorado Page 21 of 22

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in his favor
and against each of the Defendants, and award then all relief allowed by law, including but not
limited to the following:
(a)

All appropriate relief at law and equity;

(b)

Declaratory relief and other appropriate equitable relief;

(c)

Economic losses on all claims as allowed by law;

(d)

Compensatory and consequential damages, including damages for emotional

distress, 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;
(e)

Punitive damages on all claims allowed by law and in an amount to be determined

(f)

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

at trial;

fees, on all claims allowed by law;

(g)

Pre- and post-judgment interest at the appropriate lawful rate; and

(h)

Any further relief that this Court deems just and proper, and any other relief as

allowed by law.
PLAINTIFF HEREBY DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE.
Respectfully submitted this 9th day of December 2015.
RATHOD | MOHAMEDBHAI LLC
s/ Matthew J. Cron
Matthew J. Cron
Qusair Mohamedbhai
Siddhartha H. Rathod
2701 Lawrence Street, #100
Denver, Colorado 80205
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Case 1:15-cv-02662 Document 1 Filed 12/09/15 USDC Colorado Page 22 of 22

(303) 578-4400 (p)

(303) 578-4401 (f)
mc@rmlawyers.com
qm@rmlawyers.com

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