HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 083 - Letter Concerning City Defendants Intent To File Motion To Dismiss1001 Seventeenth Street
Suite 300
Denver, CO 80202
P 303‐628‐3300
F 303‐628‐3368
www.hallevans.com
Mark S. Ratner
ratnerm@hallevans.com
(303) 628‐3337
Admitted in Colorado, Arizona, Illinois, Michigan, and Kansas
File No. 6139‐84
December 11, 2019
Via CM/ECF
Honorable R. Brooke Jackson
The United States District Court, District of Colorado
Alfred A. Arraj United States Courthouse A938
Denver, CO.
RE: Slatton v. Hopkins, et al, 18-cv-03112-RBJ-STV
Dear Judge Jackson:
On behalf of Defendants City of Fort Collins, Colorado, Brandon Barnes, and John Hutto
(collectively “Fort Collins Defendants”) and pursuant to the Court’s Practice Standards respecting
the filing of a Rule 12(b)(6) Motion to Dismiss, please find the following:
Undersigned Counsel for the Fort Collins Defendants participated in a conference call with
Counsel for the Plaintiff, Liana Orshan and Helen Oh, on December 12, 2019, with the express
purpose of discussing the filing of a Motion to Dismiss. The conference call took approximately
30 minutes, which included the time Counsel for Defendant Hopkins and Counsel for the Plaintiff
discussed other issues not pertinent to these Defendants.
Counsel for the Fort Collins Defendants intends on filing a Motion to Dismiss all claims
against them, pursuant to Federal Rule of Civil Procedure, 12(b)(6), consistent with the Motion
filed in response to the previous iteration of Plaintiff’s Complaint (See ECF No. 39). In particular,
with respect to the City of Fort Collins, the Plaintiff attempts to allege a claim for a violation of
his Fourth Amendment rights under the notion he was subjected to excessive force (See ECF No.
73-1 at 18). It is the Plaintiff’s contention the City of Fort Collins failed to ‘properly train,
supervise, and/or discipline its employees regarding the constitutional limits on use of force, and
that such failure resulted from a deliberate choice by the City.” (ECF No. 73-1 at para. 110-111).
It is the City of Fort Collins’ position, however, that such allegations are conclusory and do not
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establish the requisite custom, practice, policy, or procedure and therefore do not satisfy Federal
pleading standards.
With respect to Defendant Brandon Barnes, the Plaintiff attempts to allege a violation of
his Fourth Amendment rights, pursuant to an unlawful seizure. As with the allegations involving
the City, the parties discussed Officer Barnes’ position that any such allegations are conclusory.
In particular, the allegations in the Complaint outline actions by Defendant Hopkins, but do not
implicate Officer Barnes. For example, the Plaintiff alleges Slatton and Hopkins were involved in
a discussion about leaving the property (ECF No. 73-1 at para. 26-27), and it was Defendant
Hopkins who told the Plaintiff he was under arrest (ECF No. 73-1 at para. 28). It is also
acknowledged by the Plaintiff that the entire encounter between Hopkins and Slatton lasted
approximately 30 seconds (ECF No. 73-1 at para. 29). Therefore, Officer Barnes contends any
allegations with respect to a seizure or a failure to intervene, fails to meet federal pleading
standards, including personal participation by Officer Barnes or even an ability to properly
intervene.
Lastly, with respect to John Hutto, Plaintiff attempts a claim under the Fourth
Amendment/excessive force, under a failure to train and supervisory capacity argument (See ECF
no. 73-1 at par. 110-111). These arguments are duplicative of the claims against the City, and in
addition there is nothing provided but conclusory allegations. Furthermore, there are no
allegations respecting John Hutto’s personal participation, all of which culminate in the argument
that the Plaintiff has failed to properly allege claims pursuant to Federal pleading standards.
Respectfully submitted,
s/ Mark S. Ratner
Mark S. Ratner
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANTS BRANDON
BARNES, JOHN HUTTO, AND THE CITY OF
FORT COLLINS, SUED AS THE CITY OF FORT
COLLINS POLICE DEPARTMENT
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