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My complaint to the Pueblo Colorado Sheriff.

teddyearp

Regular Member
Joined
May 10, 2010
Messages
67
Location
Pinetop, AZ
Oh no...not kidding. I don't like to be bothered by gov't officials. If they got not reason to come over to me (ie arrest me~which they never do) then why would I want to talk to them at all?

I get that part, but throwing a string of cuss words at them just doesn't strike me as the professional way to go about things. But to each their own.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
The allegation is without merit. There seems to be four LEO who will corroborate that the accounts, as indicated in the "complaint", are not a factual representation of the events described.

Or, no recording, video or audio, no validity to the complaint. If the OP has irrefutable evidence that shows that the cops did exactly as he alleges then a law suit is in order...right up to the point he complied with their polite request, offered during a consensual encounter.

Anyway, let us know when those LEOs have been properly retrained.
 

Hamans-gallows

Regular Member
Joined
Mar 24, 2012
Messages
62
Location
Colorado Springs
The allegation is without merit. There seems to be four LEO who will corroborate that the accounts, as indicated in the "complaint", are not a factual representation of the events described.

Or, no recording, video or audio, no validity to the complaint. If the OP has irrefutable evidence that shows that the cops did exactly as he alleges then a law suit is in order...right up to the point he complied with their polite request, offered during a consensual encounter.

Anyway, let us know when those LEOs have been properly retrained.

"There seems to be four LEO who will corroborate that the accounts, as indicated in the "complaint", are not a factual representation of the events described."

At least two dashcam videos exist. Hope they don't get mysteriously lost or erased.
 

Hamans-gallows

Regular Member
Joined
Mar 24, 2012
Messages
62
Location
Colorado Springs
My complaint to the Pueblo County Sheriff (update)

It seems that the Pueblo County Sheriff has not seen fit to respond to my complaint. http://forum.opencarry.org/forums/showthread.php?128781-My-complaint-to-the-Pueblo-Colorado-Sheriff

I am ready to lawyer up. I would like someone to give me the name of a good Second Amendment lawyer please.

After this, I will no longer be free to comment on the pending litigation, but I welcome your input.

1. I was threatened with deadly force for exercising a right.

2. The deputy told me that I was not suspected of a crime, but would not let me go.

3. The deputy told me that I was not being detained, but would not let me go.

4. The deputy told me repeatedly that I had a right to carry a gun.

5. The deputy demanded my ID under an implied threat of force.

6. There is a strong probability that at least two dashcam videos exist.
 
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Primus

Regular Member
Joined
Oct 24, 2013
Messages
3,939
Location
United States
The allegation is without merit. There seems to be four LEO who will corroborate that the accounts, as indicated in the "complaint", are not a factual representation of the events described.

Or, no recording, video or audio, no validity to the complaint. If the OP has irrefutable evidence that shows that the cops did exactly as he alleges then a law suit is in order...right up to the point he complied with their polite request, offered during a consensual encounter.

Anyway, let us know when those LEOs have been properly retrained.
Lol honestly your one of my favorite dudes on here. I'd buy you a beer if we were closer.

I commend you for getting your point across without resorting to capital letters, personal insults, or general frothing at the mouth.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Grapeshot, my update does not seem to be showing up as a separate post Can you fix?
Think you mean as a separate thread. It was merged with this one. Not sure what benefit you'd expect from essentually duplicate threads, which we discourage.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
It seems that the Pueblo County Sheriff has not seen fit to respond to my complaint. http://forum.opencarry.org/forums/showthread.php?128781-My-complaint-to-the-Pueblo-Colorado-Sheriff

I am ready to lawyer up. I would like someone to give me the name of a good Second Amendment lawyer please...
If an attorney feels that litigation (on a contingency basis, I suggest) is appropriate I wish you the best.

However, if you are again confronted with a similar situation, you may find it advantageous to NOT write a note to the Chief, Sheriff, etc. but instead gather information rather than give it. You have already laid out your version of events, giving those who are inclined the opportunity to tailor their story around yours. Get my drift?
 

Hamans-gallows

Regular Member
Joined
Mar 24, 2012
Messages
62
Location
Colorado Springs
The allegation is without merit. There seems to be four LEO who will corroborate that the accounts, as indicated in the "complaint", are not a factual representation of the events described.

Or, no recording, video or audio, no validity to the complaint. If the OP has irrefutable evidence that shows that the cops did exactly as he alleges then a law suit is in order...right up to the point he complied with their polite request, offered during a consensual encounter.

Anyway, let us know when those LEOs have been properly retrained.

I should have been on at least two dashcams, and I just found out that the Pueblo County Sheriffs wear bodycams. The proof is out there. I think that it is unlikely that all the cameras will have "malfuntioned."
 

Hamans-gallows

Regular Member
Joined
Mar 24, 2012
Messages
62
Location
Colorado Springs
If an attorney feels that litigation (on a contingency basis, I suggest) is appropriate I wish you the best.

However, if you are again confronted with a similar situation, you may find it advantageous to NOT write a note to the Chief, Sheriff, etc. but instead gather information rather than give it. You have already laid out your version of events, giving those who are inclined the opportunity to tailor their story around yours. Get my drift?

I had a definite reason for writing the letter. There is dascam and bodycam video that can be subpoenaed.
 

Hamans-gallows

Regular Member
Joined
Mar 24, 2012
Messages
62
Location
Colorado Springs
Think you mean as a separate thread. It was merged with this one. Not sure what benefit you'd expect from essentually duplicate threads, which we discourage.

Oh, sorry 'bout that. I frequent another unrelated forum where one is expected to post updates as a new thread. Guess I was following the wrong protocol. :)
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I had a definite reason for writing the letter. There is dascam and bodycam video that can be subpoenaed.

Better still, get them via a records request.

Check your state's open records law to see if discovery trumps a record request. If so, you have to decide what to do about the records.

They may destroy the records at some point in time...no idea when but it would not be long.
 

MarkS

New member
Joined
Aug 19, 2014
Messages
27
Location
Colorado
Lawsuit Wake Up Call

It seems that the Pueblo County Sheriff has not seen fit to respond to my complaint. http://forum.opencarry.org/forums/showthread.php?128781-My-complaint-to-the-Pueblo-Colorado-Sheriff

I am ready to lawyer up. I would like someone to give me the name of a good Second Amendment lawyer please.

After this, I will no longer be free to comment on the pending litigation, but I welcome your input.

1. I was threatened with deadly force for exercising a right.

2. The deputy told me that I was not suspected of a crime, but would not let me go.

3. The deputy told me that I was not being detained, but would not let me go.

4. The deputy told me repeatedly that I had a right to carry a gun.

5. The deputy demanded my ID under an implied threat of force.

6. There is a strong probability that at least two dashcam videos exist.

I don't mean to throw cold water on your lawsuit, but here it is ...

What monetary damages did you suffer? Civil lawsuits are focused on compensating victims for their loss, not on punishing an evil-doer. If you did not suffer any monetary damages, you are unlikely to recover anything in a lawsuit. Just because you believe your 2nd Amendment rights were violated does not mean that a lawsuit will produce any monetary recovery.

How much are you prepared to spend on this lawsuit? Contrary to popular opinion, most lawyers do not work on a contingency fee basis -- especially in cases where there are no monetary damages or a low likelihood of recovery. This means, the litigant (you) will have to pay your lawyer several thousand dollars to proceed to trial. Just the filing and service of process fees will amount to several hundred dollars. In general, unless there is a statute to the contrary, you cannot recover your legal fees from the loser.

BTW, the county sheriff's expenses are paid by you, as a taxpayer. As a practical matter, this means the sheriff has unlimited access to free legal representation paid for by taxpayers in the form of the county attorney or the DA. the Sheriff doesn't care how much taxpayer money he spends on lawsuits. You, on the other hand, will get write a check for your legal expenses. That also means that the Sheriff has no economic incentive to settle the case -- so you get to pay for and pursue a legal matter that could easily go from trial court through appeals.

Many government agencies are also immune from tort liability under the doctrine of sovereign immunity unless there is a statute allowing the government to be sued. For example, there are Colorado cases where a state hospital killed a patient, but was immune from liability because it is a public agency. I suspect the LE officers in your case will enjoy the same protections. To even bring a lawsuit against a public agency in Colorado has its own special procedures that must be followed or the lawsuit is tossed.

My unsolicited advice is to take the money you had planned to spend on the lawsuit -- say $10,000 -- and use it to get the Sheriff unelected.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I get that part, but throwing a string of cuss words at them just doesn't strike me as the professional way to go about things. But to each their own.

I'm not a professional. And I insure I do this when children are around...teach them 1st amendment..guess I'm an unpaid 1st amendment teacher !
 
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