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HomeMy WebLinkAbout2020CV115 - Stacy Lynne V. Noah Beals And The City Of Fort Collins - 010 - Amended ComplaintA-, DISTRICT COURT Larimer County, Colorado 201 LaPorte Avenue Fort Collins, Colorado 80521 PLAINTIFF: Stacy Lynne V. DEFENDANTS: Noah Beals, City of Fort Collins COURT USE ONLY Stacy Lynne Case Number: 305 West Magnolia Street 4282 2020 CV 115 Fort Collins, Colorado 80521 970-402-1582 Division: Courtroom: stacylynne pycom cast. net Juan G. Villasenor 5A AMENDED COMPLAINT 1. This amended complaint is filed per Judge Juan G. Villasenor's order dated February 25, 2020: a, Within 21 days of the date of the Order, b. In compliance with C.R.C.P. 8, c. In compliance with C.R.C.P. 10, except for the following: Rule 10 states that complaints should be single-spaced but Judge Villasenor ordered the "complaint ... shall be double-spaced..." and so, Plaintiff is deferring to Judge Villascrior's order to double-space this complaint even though it is not consistent with C.R.C.P. Rule 10. JURISDICTION AND VENUE 2. Pursuant to Colo. Const. Art. VI, Section 9, and C.R.S. §13-6-104, this Court has Jurisdiction over this action because it involves a civil matter and the amount in controversy exceeds $15,000. 3. Venue is proper per C.R.C.P. 98. 4. Plaintiff Stacy Lynne brings this complaint under the Colorado Governmental Immunity Act (CGIA) (Title 24, Section 10) and Colorado Revised Statute § 13-25-124 for libel and slander (defamation). THE PARTIES 5. Plaintiff Stacy Lyiule is an investigative journalist residing in Fort Collins, Colorado. 6. Defendant Noah Beals is employed by the City of Fort Collins (a home -rule municipality in Larimer County, Colorado). 2 CLAIM FOR RELIF,F: LIBEL, AND SLANDER (DEFAMATION)t z 3 with ACTUAL MALICE, and DEFAMATION PER SE 7. Actual malice is the deliberate intent to commit an injury, as evidenced by external circumstances. DeFarnation. Knowledge (by the person who utters or publishes a defamatory statement) that a statement is false, or reckless disregard about whether the statement is true.6 "A statement may be defamatory "if it tends so to harm the I-eputation of another as to lower him in the estimation ofthe community or to deter third persons from associating or dealing with him." Restatement (Second) of Torts § 559 (1976); C.J.1. Civ.2d § 22.8 (1980)." a. Actual malice is a required element in cases involving matters of public concern and public figures. Noah Beals is a government employee who organized and conducted public meetings related to a major municipal code revision. Stacy Lynne concedes that her work as an investigative journalist qualifies her as a public figure, even though she intentionally conducts her work without the publicity that common journalists seek. ' Defamation (legal): The act of harming the reputation of another by making a false statement to a third person Defame: To harm or destroy the good fame of; bring into disgrace; to harm the reputation or good name of by uttering injurious charges Defamatory: Tending to harm a person's reputation, usually by subjecting the person to public contempt, disgrace, or ridicule, or by adversely affecting the person's business ' Actual malice: the deliberate intent to commit an injury, as evidenced by external circumstances Defamation per se: A statement that is defamatory in and of itself and is not capable of innocent meaning. Black's Law Dictionary, Bryan A. Garner, Editor in Chief. Third Edition, 2001. v Black's Law Dictionary, Bryan A. Garner, Editor in Chief. Third Edition, 2001. CGIAIMMUNITY WAIVER S. Noah Beals knew what he was doing and saying was wrong (knowledge of his wrongful actions), he did those wrongs in spite of his knowledge that what he was doing and saying was wrong (intentionally breaking the law); his wrongs directly hurt Stacy Lynne (damages and injuries); and, he knew that he was wrong and causing injury and he chose to do it anyway because he tried to cover up his own problems by defaming Stacy Lynne (actual malice). For all of that, Noah Beals waived immunity. 9. To satisfy the willful and wanton exception to the CGIA, a plaintiff must establish not only the elements of a claim for defamation., but also that the defendant's conduct was done heedlessly and recklessly, without regard to the consequences, or rights and safety of others, particularly plaintiff. Drake v. City County of Denver, 953 F. Supp. 1150 (D. Colo. 1997). 10. Court applied definition of "willful and wanton" found in § 13-21-102 (1)(b). King v. U.S., 53 F. Supp. 2d 1056 (D. Colo. 1999). b. C.R.S. 13- 21--102 (I) (b): "willful and wanton conduct" means conduct purposefully committed which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff. 11. C.R.S. 4-10-105. Prior uvaiver of immunity -effect -indirect claims not separate. (1) It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether- that may be the type of action or the form of relief chosen by the claimant. No public entity shall be liable for such actions except as provided in this article, and no public employee shall be liable for injuries arising out of an act or 51 omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission was willful and wanton, except as provided in this article. Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article. FACTS OF THE CASE 12. Noah Beals is a city employee who was in charge of a substantial revision to city code. Part of his job was to in -form the public about proposed changes to local laws via public meetings. 13. Few people showed up at the public meetings because Noah Beals failed to inform the stakeholders — thousands of Fort Collins' private business owners -- that he was holding public meetings about policy changes that would directly impact their profit margins, operating costs, and customer prices. SEE EXHIBIT 1. 14. Noah Beals used emails, text messages, and public meetings at the Downtown Development Authority, the Downtown Business Association, the Chamber of Commerce, and with local business owners to intentionally, repeatedly and falsely claim that Stacy Lynne was on a "misinformation campaign". Noah Beals told those people that Stacy Lynne was spreading "inaccurate information". Noah Beals told the public, professional organizations, and private business owners that Stacy Lynne was responsible for "misinformation that has been circulating". SEE EXl-IIBIT 2 and 10. SEE ALSO (.'.R.,S. 13-25-124. Libel and slander - hoiv pleaded. In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose. It shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and, if such allegation is controverted, the plaintiff shall establish on the trial that it was so published or spoken. "[D]efamatory statements are so egregious and intolerable because the statement destroys an individual's reputation: a characteristic which cannot be bought, and one that, once lost, is extremely difficult to restore." Zueger v. Goss, 2014 15. When Stacy Lynne realized that no business owners were present at the public meeting, she went door-to-door to ask business owners what their thoughts were about the code changes and how they felt about the voting that occur -red regarding their businesses in absentia. 16. hundreds of business owners were concerned when they learned from Stacy Lynne that Noah Beals excluded there from participating in public meetings about policy changes that directly impacted their businesses. Many of those business owners contacted Noah Beals to ask him why they were not notified that votes were being taken about their businesses. SEE EXHIBIT 3. Noah Beals was .intentional when he repeatedly lied about Stacy Lynne to professional organizations, private individuals and the public, including his deliberate claims that "no votes were taken". SEE EXIIIBIT 1. "A claim for willful and wanton conduct must state more than "conclusory allegations; "a plaintiff must "set forth in his complaint specific facts which support his claim that public employees acted willfully and wantonly." Anderson v. Board of Commissioners, 2006. Thus, a complaint must "do more than merely assert" that a public employee's acts or omissions were willful or wanton; it must, at a minimum, also "set forth specific facts to support a reasonable inference" that the employee was consciously aware that his or her acts or omissions created danger or risk to the safety of others, and that he or she acted, or failed to act... Gray v. UNIVERSITY OF COLORADO HOSP., 2012". a. EXI-IIBhF I sets forth specific facts to support a reasonable inference that Noah Beals was consciously aware that his actions (knowingly false statements to third parties) created risk to Stacy Lynne. 17. Of primary importance to Noah Beals during the public meeting was for all audience members to vote. (There were approximately 10 people in the audience using "clicker" devices to register their votes. The votes were immediately tallied and the results displayed in percentages on the very next slide.) In fact, voting was of such import that Noah Beals and his assistants constantly pushed the few audience members to vote by saying that "not everyone has voted yet'', "we're waiting for one more vote", etc.... Noah Beals needed everyone to vote because he planned to tell City Council that, based on the data (votes) that were collected at the meeting, the community wanted to make the voted -upon changes to the private business owners. Remember, the business owners were not included in this voting process. 18. Tom Leeson, Director of Community Development and Neighborhood Services, and Noah Beals' superior, tried to cover up Noah Beals' defamatory lies by altering the public record. SEE EXHIBIT I and 7. The alterations to the public record fueled the defamatory lies about Stacy Lynne that Noah. Beals was telling the business owners and the community. 0 19. Laurie Kadrich Noah Beals' supervisor -- withheld from Stacy Lynne a list of public meetings where Noah Beals was discussing changes to public policies. It was at these meetings — the meetings that Laurie Kadrich intentionally withheld from Stacy Lynne - that Noah Beals was given a larger platform to repeatedly stand in front of members of the public where he amplified his campaign to defame Stacy Lynne. Because Laurie Kadrich intentionally withheld these meeting from Stacy Lynne, Stacy Lynne was not present at the meetings. Because Stacy Lynne was not present at the meetings, Stacy Lynne was not able to rebut Noah Beals' lies. And so, Noah Beals had unfettered reign to defame Stacy Lynne. SEE E.,XIIIBITS 8 and 9. 20. After Noah Beals went on his defamatory rampage against Stacy Lynne, he tried to make an unsavory deal with Stacy Lynne — he wanted Stacy Lynne to be quiet about the case, to be silent about the people involved in the case, and to not file this lawsuit. 21. Stacy Lynne rejected Noah Beals' deal because: c. Facts about the wrongs that Noah Beals committed in this case are not disputed. d. Evidence in the form of audio recordings, video recordings, and official city records, verify that City Manager Darin Atteberry, Mayor Pro Tem Gerry Horak, and Department Ilead Laurie Kadrich all agree with Stacy Lynne about the facts in this case. SEE EXHIBITS 4, S A e. Noah Beals' co-worker, the individual who was directly involved with Noah Beals' wrongs in this case, reached an amicable out -of -court confidential settlement with Stacy Lynne. SEE PARAGRAPH 22. E'? 22. Stacy Lynne and Noah Beals' coworker reached an amicable settlement months ago. This is the public statement that Noah Beals' co-worker issued: "At the public meeting on February 1, 2018, votes were taken from attendees to gauge their opinions about various ideas contemplated in the new sign ordinance. The votes were not binding, merely informative. Ms. Lynne told business owners that votes were taken, which was accurate. In a text, I implied that Ms. Lynne was engaged in a misinformation campaign. I wish to correct that impression. Based on the information I have, I do not believe that Ms. Lynne was engaged in a misinformation campaign." DEMAND FOR RELIEF 23. $350,000.00. 24. Waiver of all prior costs and fees incurred by Defendant and assessed against Plaintiff. 25. Public apology issued by Noah Beals with the language of the apology chosen by joint agreement between Noah Beals and Stacy Lynne with the intent to move forward amicably. Respectfully filed on Monday, March 6, 2020. } Stacy Lynne 9 CERTIFICATE OF SERVICE I certify that on Monday, March 16, 2020, a true and accurate copy of the foregoing AMENDED COMPLAIN'r with EXHIBITS (10) has been filed with the Eighth Judicial District Clerk of Courts and hand -delivered to: Mr. Andrew Callahan, Attorney for Defendant Wick and Trautwein LLC 323 South College Avenue I �) 9 Fort Collins, Colorado 80524 10 Stacy Lynne MA I - "a E 0 0 w V) cu -a .0 31 w = -, m (U 0) m .0 (1) (A 'o 0 C 75 m > 0 w 0) = t m 0 'a 0 M CL a) m 46 0 to CL .0 Z; co 0 E (U — - Co C ol 1" 51, UP .S � >. W 27 "; W I a) V; —, - ,a E r W C 0 0 .0) - W co cu 00 wo in z 4! m w 0 -0 CL E EXHIBIT 2 ci o _0 aj cl 0 0 ap .0 0- u 0 :3 VI 47 CL LA > 0 CL (o I-- % Q0 ob 7:3 "i Q� 00 co m a r�4 �o uo E 0 < u AtS kioCL M -C c 1--i 15 E m :3 V jj C: Co -7 4-1 0 C: Qi aj C: -C — V� to U- C) - w c- m m V) 4- 4-1 U Ln 0as o ro pq rd O LL M C) CZ Z 0 U EXHIBIT 3 0 77 M c c 0 Ln C LA c 4.1 V) vi 0 c D 0 7�5 >. C C ci CJ �t- E c V C: > -5 E © 'm 0 -0 cu C! CL E CL C) b.0 E ra -0 c: co > :3 E C14 0 04 W -0 4f Cw Z; C<O n < r,3 to C: 4- to 0 > M (D -0 Ln -0 co v 0 =aj E � �n- nco �n E 0 00 cli E 0 Qj CL a) E CU Z3 C) 0 C. 0 6 =3 0 ki Q) a) Z j: 0 EXHIBIT City Manager Darin Atteberry: | want toacknowledge. | actually ... | think that's ... | think that these nuances and sensitivities are real, and | just want to say that | appreciate the word 'vote' is significant. And, nr—ifsonnething is a significant change, the word 'tvveoK—then don't use... Mayor Pro Tern Gerry Horak: So, let's — if we concede every point you made — and I don't have a problem with sayingthat—vvhnt do we need to move on from there? Because |, |, uh... | mean language wasn't used well and hopefully — | know Darin will be instructing his folks to make sure — don't make conclusions based on words like "tweak" or whatever else. If vvevote, vvesay vvevoted. VVedon't play these — Well, don't use the word 'tweak'. if you are using clickers, you are voting. Laurie Kadrich: VVhen|noetvvithhinn,"vvcUNoah,didyouvvrite\xzte'onthePovverPointbecausevvhat | saw from Stacy is it said vote onthere" He said, "Yes, | did use the word vote." And | said, "Well, | would never use the word vote in that type of presentation because really, youarejustusingthepoUingtechno|ogy—vve call itclicker technology. | said all you're doing isusing clicker technology. Nothing isfirm inthat and /fyou use the word vote /1 can mean something official right?" So, | think we agree to what actually happened. Now, it's what, if anything could we do to — if there's anything that needs to be done to explain that to some business owners. Stacy Lynne: Credibility is the only thing | have as a journalist, especially as an investigative journalist — I don't do reports on daily ... you know ... there was an accident on the corner ... I don't do that. | do much deeper stories and so credibility is all | have for that. So, when | went to the owners, | used the Cit«'s—and | took this (meaning the slides from the City meetings) toall ofthe owners. This isexactly what they saw from the sign code meeting. From the first one and then the second one. And these are your documents. | took 3 photo ofevery slide that was used in the meetings and | showed these tothe business owners because they had a lot of questions. Like, first of all, why wasn't | notified bysomebody —the Chamber, the ODA,the DBA,the City. So, you know, that is 8 |0t of organizations to noiB a major update. My transfer of information is meticulous aSfar as accuracy. So, when | went tothem and | said this is what the City presented at the meeting: the types ufsigns you are reconsidering. This is your board. So, otthe DBAmeeting, mnThursday the l5m ,alot ofthe business owners were there. They were very unhappy and emotional. Mr. Beals stood upand said there were novotes, novotes were taken at this downtown meeting. | actually need a resolution to this because the business owners are very concerned about the disconnect between the votes and Noah standing upata Downtown Business Association meeting and saying no votes were taken. | can't let that stand. | can't because itimpacts rnyentire life. So, vveneed towork out asolution. It's a really serious issue for me to somehow correct this record publicly. For me, it'sa serious legal issue and you can understand the whole defamation issue that is involved here. He is publicly telling people that I was incorrect when in fact, I am using your documents and his recorded statements t0talk tO the business owners. So, the elements ofdefamation have been satisfied. So, itconcerns nnegreatly. And itisanissue for the owners nswell. Laurie Kadrch: And rightly so. IXIIIBIT 7 EXHIBIT 8 C: -C > 0 > 0 ro C) E C: Ls L: m 41 Z5 M CJ m m Cl. 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