Pubdate: Sat,  2 Apr 2005
Source: Summit Daily News (CO)
Copyright: 2005 Summit Daily News
Contact:  http://www.summitdaily.com/home.php
Details: http://www.mapinc.org/media/587
Author: Kimberly Nicoletti, Summit Daily News Staff
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/people/josh+brudwick

METH RAID LAWSUIT MOVED TO DENVER

DENVER - Lawyers representing Summit County Sheriff John Minor and
other county-employed defendants in the civil lawsuit filed by the
subjects of a July 2004 meth raid have filed a petition to have the
case be heard in federal court in Denver.

The petition was filed earlier this week by Boulder-based attorney
Josh Marks of the Berg, Hill, Greenleaf and Ruscitti firm, who is
representing Summit County Sheriff John Minor, the Board of County
Commissioners and the six sheriff's deputies named as defendants in
the lawsuit.

Marks said because there is a claim based on a federal statute in the
lawsuit - violation of civil rights - the entire case can be moved to
the federal level.

"The federal courts see these kinds of claims all the time and they're
more familiar with them," Marks said. "We think the federal court is a
good place to hear those claims whether they're for the plaintiff or
the defendant."

The lawsuit was filed March 11, 2005, by Dillon attorney Tim Meinert
on behalf of former Frisco residents Josh Brudwick and Katie Rhodes.

Court records show the couple is asking for compensation for economic
and non-economic damages, including moving expenses, lost income, past
and future mental-health treatment costs and pain and suffering, for a
July 25, 2004, raid on their home by the Summit County Drug Task Force.

The raid failed to turn up any methamphetamines or evidence of a meth
lab.

The lawsuit also lists the town of Frisco, Frisco Police Chief Tom
Wickman, four Frisco police officers, the Meadow Creek Villas
Homeowners Association and a resident at Meadow Creek Villas as
defendants in the case.

The move to federal court means the jury pool would be drawn from a
larger area than Summit County.

Marks said the federal court does not make a discretionary decision on
the petition, and unless an objection is filed by the plaintiffs, the
case will automatically move to Denver.

"I would rather have this case tried before a Summit County jury,"
Meinert said.

He will proceed as though the case is moving to federal court and will
not file an objection.

The lawsuit accuses police of violating Rhodes' and Brudwick's civil
rights, false imprisonment and arrest, assault and battery,
trespassing, invasion of privacy, defamation, libel and slander and
intentional infliction of emotional distress.

Marks has not yet filed answers to the allegations on behalf of his
clients.

"I can tell you that the Sheriff's Department defendants that I am
representing have a very different view of this case and generally
will be denying there were any constitutional rights violated by what
happened," Marks said.
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MAP posted-by: Larry Seguin