HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 022D - EXHIBIT 4IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-CV-01177-LTB
DAKOTA TYLER MCGRATH,
Plaintiff,
v.
FORT COLLINS POLICE SERVICES OFFICER NICK RODGERS, in his individual
capacity,
Defendant.
PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST SET OF
REQUESTS FOR ADMISSION
1. Admit that, on the night of the INCIDENT, YOU ignored Defendant’s
commands to step away from YOUR vehicle and sit down on a curb.
RESPONSE: Denied.
2. Admit that, on the night of the INCIDENT, YOU walked away from Defendant
after he commanded YOU to approach him and sit down on a curb.
RESPONSE: Denied.
3. Admit that, on the night of the INCIDENT, when Defendant informed YOU that
YOU were under arrest and that force would be used against YOU if YOU did not comply with
Defendant’s commands, YOU responded, “Do what you have to do.”
RESPONSE:
4. Admit that, on the night of the INCIDENT, Defendant delivered a single blow to
YOUR left scapula consisting of a two-handed straight strike with Defendant’s wooden baton,
which caused YOU to fall to the ground.
RESPONSE: Denied.
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5. Admit that, on the night of the INCIDENT, YOU reached for YOUR backpack
after Defendant commanded YOU to roll over on to YOUR stomach.
RESPONSE: Denied.
6. Admit that, on the night of the INCIDENT, YOU resisted officers’ attempts to
place YOU in handcuffs.
RESPONSE: Denied.
7. Admit that, on the night of the INCIDENT, YOU head-butted Lalo Rodriguez.
RESPONSE: Denied.
8. Admit that, on the night of the INCIDENT, YOU drank alcoholic beverages.
RESPONSE: Admitted.
9. Admit that, on the night of the INCIDENT, YOU refused to comply with
hospital personnel’s requests to let them examine you.
RESPONSE: Denied.
Dated this 9 th day of January, 2018.
THE VIORST LAW OFFICES, P.C.
[Original signature on file at Viorst Law Offices, P.C.]
s/ Anthony Viorst
Anthony Viorst, #18508
Viorst Law Offices, PC
950 South Cherry Street, Suite 300
Denver, CO 80246
Telephone: (303) 759-3808
Facsimile: (303) 333-7127
E-mail: tony@hssspc.com
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on this 9 th day of January, 2018, I electronically served the foregoing
PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST SET OF INTERROGATORIES,
REQUESTS FOR PRODUCTION OF DOCUMENTS, AND REQUESTS FOR
ADMISSION via email upon the following e-mail address(es):
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
Hall & Evans, LLC
1001 Seventeenth Street, Suite 300
Denver, CO 80202
[Original signature on file at Viorst Law Offices, P.C.]
s/ Michelle Spadavecchia
Legal Assistant
Case 1:17-cv-01177-LTB-NYW Document 22-4 Filed 02/05/18 USDC Colorado Page 3 of 3