HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 028A - EXHIBIT AIN 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
INTERROGATORIES, REQUESTS FOR PRODUCTION OF
DOCUMENTS, AND REQUESTS FOR ADMISSION
Plaintiff, Dakota McGrath, by and through counsel, Anthony Viorst of the Viorst Law
Offices, P.C., hereby responds to Defendant’s First Set of Interrogatories, Requests for
Production of Documents, and Requests for Admission as follows:
INTERROGATORIES
1. State the name, address, phone number, and relationship to YOU of each person
who prepared or assisted in preparing YOUR answers to these Discovery Requests. (Do not
IDENTIFY anyone who simply typed or reproduced the responses.)
RESPONSE: Dakota McGrath, 2721 Bianco Drive, Fort Collins, CO 80525, (970) 689-9103
Laura Tyler, mother, (970) 227-6319
2. Other than YOUR counsel of record in the above-captioned matter, please
IDENTIFY each and every person to whom YOU have mentioned, or with whom YOU have
discussed, either the INCIDENT or any of the ALLEGATIONS IN THE PLEADINGS
FILED IN THIS MATTER.
RESPONSE: None.
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3. Please describe with particularity each and every action of every kind and type
YOU took to minimize, reduce, or mitigate any element of claimed damages, losses, or injuries
in this matter, both before, during, and after the INCIDENT.
RESPONSE: I filed for disability and food stamps. I went to the maximum allowed physical
therapy sessions. I worked with my PCP, Dr. Hampton , to continue any and all care that came
up due to the injury after my appointments with the surgeon (Dr. Rusnick) ended.
4. Describe YOUR current and past employment since 2005, including: (a) the
name, address, and nature of work at YOUR present employment or place of self-employment;
and (b) the name, address, telephone number, dates of employment, job title, and nature of work
for each employer or self-employment YOU have had from 10 years before the Incident until
today.
RESPONSE: I am withdrawing my claim for lost income, so I respectfully decline to answer
this question.
5. IDENTIFY all other litigation other than the above-captioned matter, whether
civil or criminal, in which YOU have been a party, and for each such action state the name of the
action, the names of all parties to the action, the date the action was filed, and how each such
action was resolved.
RESPONSE:
Case No. County Case Name CaseType Date
Closed
Result
2015C002044 Adams Elaine Toomey v.
Dakota McGrath
Forcible
Entry and
Detainer
11.17.15 Judgment for
possession
2007R000135 Gilpin People v. Dakota
McGrath
Motor
Vehicle
08.11.07 Guilty
2005T014979 Jefferson People v. Dakota
McGrath
Driving
Under
Suspension
12.01.05 Disposition
reached
2017CR003104 Larimer People v. Dakota
McGrath
Assault 12.03.17 open
Warrant
2017CR002200 Larimer People v. Dakota
McGrath
Drugs 01.23.18 Arraignment
2016M002962 Larimer People v. Dakota
McGrath
Assault 02.23.17 Dismissed
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 2 of 27
2016M002181 Larimer People v. Dakota
McGrath
Criminal
Mischief
02.23.17 Dismissed
2016CR001886 Larimer People v. Dakota
McGrath
Assault 09.05.16 Plea - Guilty
2014T003223 Larimer People v. Dakota
McGrath
Driving
Under
Suspension
10.12.14 Plea - Nolo
Contendre
Disposition -
Guilty
2014M001339 Larimer People v. Dakota
McGrath
Drugs 06.25.14 Disposition
2013T000900 Larimer People v. Dakota
McGrath
Driving
Under
Suspension
03.12.13 Plea: Not
Guilty
2012CR000099 Larimer People v. Dakota
McGrath
Assault 01.19.12 Plea: Guilty
2011T001677 Larimer People v. Dakota
McGrath
Driving
Under
Suspension
06.17.11 Dismissed
by DA
2009T001982 Larimer People v. Dakota
McGrath
Driving
Under the
Influence
05.16.09 Dismissed
2004T03529 Larimer People v. Dakota
McGrath
Motor
Vehicle
07.25.04 Dismissed
2004CR001922 Larimer People v. Dakota
McGrath
Public Peace
and Order
10.10.04 Sentence to
jail
2003T102133 Larimer People v. Dakota
McGrath
Motor
Vehicle
05.08.03 Dismissed
2003M101186 Larimer People v. Dakota
2006R104638 Larimer People v. Dakota
McGrath
Motor
Vehicle
10.09.06 Guilty
2005C105473 Larimer Kathy Fawcett v.
Dakota McGrath
Forcible
Entry and
Detainer
10.25.05 Writ of
Restitution
6. IDENTIFY each and every injury - physical, mental, emotional, or any other -
that YOU attribute to the Incident, and for each such injury describe the location and type of
injury; IDENTIFY each HEALTH CARE PROVIDER who diagnosed the injury, and the date
of diagnosis; IDENTIFY each person with knowledge of the injury or diagnosis; and
IDENTIFY every DOCUMENT that references or evidences the injury or diagnosis.
RESPONSE: See attached spreadsheet.
7. IDENTIFY each and every consultation, examination, or treatment YOU
received from a HEALTH CARE PROVIDER for any injury - physical, mental, emotional, or
any other - which YOU attribute to the Incident. For each such consultation, examination, or
treatment, state the name, address, and telephone number of the HEALTH CARE PROVIDER
who provided same; describe the type of consultation, examination, or treatment provided; state
the date(s) of consultation, examination, or treatment; IDENTIFY every DOCUMENT that
references or evidences the consultation, examination, or treatment; IDENTIFY every person
with knowledge of the consultation, examination, or treatment; and state the charges or costs for
each consultation, examination, or treatment.
RESPONSE: See attached spreadsheet.
8. Has any HEALTH CARE PROVIDER advised YOU that YOU may require
future or additional treatment for any injury that YOU attribute to the Incident? If so, for each
such advisement about future treatment, IDENTIFY each HEALTH CARE PROVIDER
providing same; the complaints or injury for which the treatment was advised; and the nature,
duration, and estimated cost of the treatment.
RESPONSE: My physician has definitely said that I will need further treatment but my PCP
(Dr. Hampton) has talked about how an injury like this may need additional help to fully heal.
9. State YOUR income for each year from 2005 to the present, and IDENTIFY
every DOCUMENT reflecting or evidencing such income.
RESPONSE: I am withdrawing my claim for lost income, so I respectfully decline to answer
this question.
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10. State the total income YOU claim to have lost to date as a result of the Incident,
how the amount was calculated, and IDENTIFY every DOCUMENT reflecting or evidencing
such loss.
RESPONSE: I am withdrawing my claim for lost income, so I respectfully decline to answer
this question.
11. As a result of the INCIDENT, have YOU been forced to curtail, limit, cut down,
or terminate any activity in which YOU participated prior to the Incident, and, if so, fully
IDENTIFY such activity, the amount of time per month devoted to each such activity before the
Incident; the amount of time per month devoted to such activity after the Incident; and each and
every reason why YOU have been unable to devote as much time to each such activity after the
Incident as before.
RESPONSE: See attached spreadsheet.
12. If YOU claim that Defendant, or any representative of Fort Collins Police
Services, made any admission as defined in F.R.E. 801(d)(2), or any statement against interest as
defined in F.R.E. 804(b)(3), set forth the admission or statement verbatim or describe it in detail,
including date and place made, and IDENTIFY every person or DOCUMENT bearing evidence
of such admission or statement.
RESPONSE: I am not claiming that any admission was made.
13. IDENTIFY each and every item of economic (special) damages, including, but
not limited to, medical expenses, loss of earnings or earning capacity, and out-of-pocket
expenses YOU claim in this action. For each, describe the damage; state the date the damage
was incurred; state the monetary amount of the damage; IDENTIFY every person with
knowledge of the damage; and IDENTIFY every DOCUMENT referencing or evidencing the
damage.
RESPONSE: See attached spreadsheet.
14. IDENTIFY each and every type of non-economic (general) damages, including,
but not limited to, pain and suffering, loss of enjoyment of life, emotional stress, and any
permanent impairment or disability YOU claim in this action. For each, describe the damage;
state the date the damage was incurred; state the monetary amount YOU claim for the damage;
IDENTIFY every person with knowledge of the damage; and IDENTIFY every DOCUMENT
referencing or evidencing the damage.
RESPONSE: See attached spreadsheet.
15. IDENTIFY each and every criminal conviction YOU have had in the past ten
(10) years, and for each such conviction, IDENTIFY the crime YOU were convicted of; the
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 5 of 27
date of the conviction; the court in which YOU were convicted; and the terms of YOUR
conviction.
RESPONSE: Please reference my court history, attached.
16. Within 24 hours before 7:00 PM on October 20, 2016, did YOU use or take any
of the following substances: alcoholic beverage; marijuana; or other drug or medication of any
kind (prescription or not)? If so, please state the nature or description of each substance; the
quantity of each substance used or taken; the date and time of day when each substance was used
or taken; the address where each substance was used or taken; the name, address, and telephone
number of each person who was present when each substance was used or taken; and the name,
address, and telephone number of any HEALTH CARE PROVIDER that prescribed or
furnished the substance and the condition for which it was prescribed or furnished.
RESPONSE: I Drank three beers around 6:00 to 7:00 pm, witnessed by Lalo Rodreguez.
I took Effexor (medication for depression) around 7:00 am, prescribed by Dr. Hampton.
I took Tramadol (50mg) and Baclofin (20mg) around 10:00 am for back spasms, prescribed by
Dr. Hampton.
17. State the name, address, and telephone number of each person:
(a) Who witnessed the INCIDENT or the events occurring immediately
before or after the INCIDENT;
(b) Who made any statement at the scene of the INCIDENT or immediately
before or after the INCIDENT;
(c) Who heard any statements made about the INCIDENT by any individual
at the scene; and,
(d) Who you, or anyone acting on YOUR behalf, claim to have knowledge of
the INCIDENT.
RESPONSE: Nobody on my side witnessed the incident.
18. Is YOUR response to each Request for Admission (“RFA”) served with these
Interrogatories an unqualified admission? If not, for each response that is not an unqualified
admission:
(a) Set forth individually, as part of YOUR answer to this Interrogatory and
not within the RFA section, each RFA against which YOU raise a
qualification or denial as a separate subparagraph under this Interrogatory
No. 18;
(b) IDENTIFY the complete basis for the qualification or denial, including,
but not limited to, all facts YOU contend support the qualification or
denial;
(c) State the names, addresses, and telephone numbers of all persons who
have knowledge of those facts;
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 6 of 27
(d) IDENTIFY each DOCUMENT that YOU contend supports the
qualification or denial; and
(e) be sure to note any response such as “Please see Plaintiff’s Disclosures” or
the like will be deemed incomplete and unacceptable.
RESPONSE:
RFA #1. False Statement. I had earphones in listening to music. At no time did I hear any
talking from any officer. I did not have the music so loud to not hear anything else, it was at a
decent volume. As the video shows I was walking down an alley, I was not even close to my
car.
RFA #2. False Statement. Once again, at no point did the defendant try to motion my attention
or peacefully grab my attention. I did not hear any command, further as the video shows there is
no curb to sit down on.
RFA #3. False Statement. After the defendant struck my head causing me to be momentarily
unconscious, The defendant struck me in the leg multiple times with his metal baton shattering
my leg. Then he rolled me on my stomach put handcuffs on me and told me I was under arrest.
The only exchange of words was when the K-9 unit officer said “If you don’t cooperate I’ll sick
the dog on you.” This was said while I was in handcuffs. I said “ go ahead I’m not afraid of
dogs.”
RFA #4. False Statement. The defendant delivered a blow to my upper back and as the baton
continued forward it struck my head knocking me out temporarily. While I tried to turn over and
get my backpack off my head I felt multiple strikes to my right leg. When I was fully turned over
with may hands in front of me was when he mustered all his strength and swung as hard as he
could shattering my tibia of my right leg. The X-rays show many fractures that are consistent
with multiple blows to different areas.
RFA #5. False Statement. I had to get my backpack off of my head but the video shows that I
was fully compliant after I was blindsided by the defendant who clearly was just out to hurt me
rather than talk to me.
RFA #6. False Statement. At no time did I resist allowing handcuffs to be put on. I have broad
shoulders and a wide back which makes it seem like I have a slight tension in my arms but it is
merely the tension of my arms squishing against my back. In any other time that I have been
arrested they use double handcuffs for this reason.
RFA #7. False Statement. At no time did I head butt my brother Lalo. He was checked out and
didn’t even have a red mark anywhere on his head or face.
RFA #8. True Statement. I had 3 beers, I was still finishing the third beer while Lalo and I were
arguing.
RFA #9. False Statement. I was in a bad mood after the EMTs put a ratchet strap over my
broken leg but the hospital staff were very kind and I also reciprocated their kindness.
19. IDENTIFY all DOCUMENTS that support YOUR claims and responses to
these Discovery Requests, and state the name, address, and telephone number of the person who
has possession, custody, or control of each DOCUMENT.
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RESPONSE: See medical records and bills provided in CRCP 26(a)(1) Disclosures. These are
in possession of my attorney, Anthony Viorst, Esq., Viorst Law Offices, 950 South Cherry
Street, Suite 300, Denver, CO 80246, (303) 759-3808. Copies of the medical records and bills
are provided along with these discovery requests.
20. At any time from October 1, 2005 to the date of these Discovery Requests, apart
from the INCIDENT, did YOU have any interaction with any officer or agent of Fort Collins
Police Services? If so, for each such interaction, state: (a) the date the interaction occurred; (b)
the approximate street address at which YOU were located during the interaction; (c) each
officer or agent of Fort Collins Police Services with whom YOU interacted; (d) the stated reason
each such officer or agent of Fort Collins Police Services gave for his or her interaction with
you; (e) the approximate duration of the interaction; and (f) whether any charges were filed
against YOU as a result of the interaction.
RESPONSE: See my arrest record.
21. At any time from October 1, 2005 to the date of these Discovery Requests, have
YOU filed or lodged any Internal Affairs complaint with the City of Fort Collins or its
employees as to any interaction with any officer or agent of Fort Collins Police Services?
(a) If so, for each such interaction, state: (a) the date the interaction occurred;
(b) the approximate street address at which YOU were located during the
interaction; (c) each officer or agent of Fort Collins Police Services with
whom YOU interacted; (d) the stated reason each such officer or agent of
Fort Collins Police Services gave for his or her interaction with you; (e)
the approximate duration of the interaction; (f) whether any charges were
filed against YOU as a result of the interaction; and (g) YOUR precise
reasons for filing or lodging the Internal Affairs complaint.
(b) If not, state as to each interaction for which YOU did not file or lodge an
Internal Affairs complaint, YOUR specific and complete reasons for not
filing or lodging an Internal Affairs complaint on that particular occasion.
RESPONSE: I filed an Internal Affairs complaint about Officer Cutter and his acting Sergeant
around Sept. 2015. The complaint was that officer cutter was in charge of the case in which my
car was broken into, and that he was treating me as a criminal rather than a victim of a crime. I
had been arrested a few days prior and the officers did not lock the care after illegally searching
my car. He was also deralicting his duty as an officer to properly investigating the crime. I had to
call his Sergeant 4 times before they would agree to fingerprint my car. Cutter also refused to
take statements of witnesses that saw the 2 girls that broke into my car. Cutter refused to take me
and the witness to the location that the 2 girls had parked their car that contained my belongings.
The entire investigation was dragged down by the Fort Collins Police Dept. refusal to do any
proper steps in order to reclaim my belongings.
REQUESTS FOR PRODUCTION OF DOCUMENTS
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1. Produce any and all DOCUMENTS utilized in answering these Discovery
Requests, including, but not limited to, medical records, business records, employment records,
W-2s, and other tax-related information.
RESPONSE: Medical records from the following facilities:
Poudre Valley Hospital
Colorado In Motion PT
Dr. Hampton, Salud Family Health Cetner
Moutnain Crest Mental Health (documents have been requested and will be provided upon
receipt)
Heart Centered Counseling (documents have been requested and will be provided upon receipt)
2. Produce any and all DOCUMENTS that relate in any way to any of YOUR
claims against Defendant.
RESPONSE: Medical Records have been provided in Plaintiff’s CRCP 26(a)(2) Disclosures and
are provided herewith.
Physician Report of Serious Bodily Injury, attached.
3. Produce any and all DOCUMENTS that YOU intend to use at trial.
RESPONSE: I intend to use all documents previously produced in discovery, as well as those
that my attorney has ordered but not yet received, and which will be disclosed by him upon
receipt.
4. Produce YOUR tax returns and tax records for the years 2005 to the present.
RESPONSE: No, I am withdrawing my lost income claim, so I respectfully decline to produce
my tax returns and records.
5. Produce any and all DOCUMENTS generated by any HEALTH CARE
PROVIDER for the time period between January 2000 and today, including, but not limited to,
medical records; charts; diagrams; x-rays; narrative reports; notes; histories; psychiatric records;
alcohol and drug rehabilitation records; medication lists; prescriptions; bills; statements; and any
other DOCUMENT generated by any HEALTH CARE PROVIDER that relates in any way to
YOUR physical or mental health.
RESPONSE: Mental health records have been requested and will be provided upon reciept.
6. Produce any and all DOCUMENTS identified in YOUR answers or responses to
these Discovery Requests.
RESPONSE: Attached.
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7. Produce any and all DOCUMENTS that relate to any damages YOU are
claiming in this case, including but not limited to any and all DOCUMENTS that relate to the
computation of damages set forth by PLAINTIFF in this case.
RESPONSE: See attached medical bills.
8. Produce any and all video or audio recordings in YOUR possession related in any
way to the ALLEGATIONS IN THE PLEADINGS FILED IN THIS MATTER.
RESPONSE: The videos were prepared by the Fort Collins Police Department, and which has
already been produced by defendant’s counsel in discovery.
9. Produce any written communications, memoranda, or any notes made by you,
other than written materials prepared specifically for YOUR attorney, related in any way to the
ALLEGATIONS IN THE PLEADINGS FILED IN THIS MATTER.
RESPONSE: None.
10. Produce a signed and notarized original of each of the attached authorizations to
obtain YOUR records of auto insurance, medical payments clause or MPC providers; health
insurance, other insurance, workers’ compensation, employers, government records, IRS and
Social Security Administration. A list includes the following:
(a) Authorization to Release Medical Records.
(b) Employment Records Release Authorization.
(c) Authorization for Release of Insurance DOCUMENTS (to include health,
auto, and/or MPC records).
(d) Authorization for Release of Information (Division of Workers
Compensation).
(e) Consent for Release of Information (Social Security Administration).
(f) Request for Copy of Tax Return (Defendant will cover the cost of the
request).
RESPONSE: I am withdrawing my claim for lost income, so I respectfully decline to provide
any release other than for medical records.
11. Produce copies of all DOCUMENTS evidencing YOUR search for employment
from the date of the INCIDENT to the present, including, but not limited to, any resumes, cover
letters, rejection letters, correspondence, applications, notes, calendars, or memoranda.
RESPONSE: I am withdrawing my claim for lost income, so I respectfully decline to answer
this question.
12. Produce copies of all DOCUMENTS YOU believe contradict, refute, or relate to
any position YOU understand Defendant to take in this litigation.
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 10 of
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RESPONSE: The video which was prepared by the Fort Collins Police Department, and which
has already been produced in discovery.
13. If YOU are claiming emotional distress as an element of damages in this
litigation, produce copies of all medical or mental health records in YOUR possession for the
past ten (10) years, including, but not limited to, records from all providers or facilities described
in these Discovery Requests, and execute the enclosed medical releases so that Defendant can
obtain records directly from the providers or facilities. Please execute and provide an original
release for each provider so that Defendant may comply with the Health Insurance Portability
and Accountability Act (“HIPAA”).
RESPONSE: Mental Health Records Have Been Requested and Will Be Provided upon Receipt.
Medical Records Have Been Provided in Crcp 26(a)(1) Disclosures.
14. Produce copies of any diaries, journals, calendars, or notes kept or maintained by
YOU from October 1, 2016 to the present relating to YOUR daily activities, including, without
limitation, any such records maintained on a computer, cell phone, smart phone, personal data
assistant, or other electronic device.
RESPONSE: None.
15. Produce all written reports of YOUR investigators or other representatives who
investigated any aspect of the INCIDENT, including any allegedly resulting injury.
RESPONSE: None.
16. Produce all DOCUMENTS that mention or embody any criminal charges,
lawsuit, administrative matter, or alternative dispute proceeding in which YOU were a party or
witness identified in response to any of these Discovery Requests.
RESPONSE: The only documents in my possession are those that were previously disclosed by
the Defendant.
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.
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 11 of
27
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: Denied.
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.
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.
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 12 of
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Dated this 15 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 15 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 28-1 Filed 02/23/18 USDC Colorado Page 14 of
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NOTES
PHYSICAL INJURY ATTRIBUTED
TO THE INCIDENT
HEALTH CARE PROVIDER WHO
DIAGNOSED INJURY
DATE OF
DIAGNOSIS
PERSON WITH
KNOWLEDGE OF
THE INJURY OR
DIAGNOSIS
DOCUMENT THAT
REFERENCES OR
EVIDENCES
INJURY
TREATMENT
PROVIDED
COST OF
TREATMENT
Shattered tibia and fibia bones
of lower right leg
Poudre Valley Hospital
Emergency, 10/20/16
Laura Tyler, Fort
Collins Police
Dept., ER report
xrays,
consultation unknown
2nd ER visit for
injury due to lack
of treatment at
jail
Shattered tibia and fibia bones
of lower right leg
Poudre Valley Hospital
Emergency,
10/23 plus or
minus a day Laura Tyler, ER report
xrays,
consultation unknown
Pain and difficulty walking
Colorado In Motion Physical
Therapy‐ Katie Hall unknown Laura Tyler Treatment report physical therapy unknown
Multiple attempted suicide
ER at Poudre Valley Hospital,
Mountain Crest Mental Health
Facility Clearview mental
health hospital
8/25/17 plus or
minus 2 days.
12/29/17
Sarah Breske‐
therapist Heart
Centered
Counseling, Laura
Tyler,
Admission
resports from
each health
facility consultation, unknown
Increased Anxiety‐ significantly
affecting employment, social
interaction and all activity
Mountain Crest Mental Health
Hospital, Clearview Mental
Health Facility, Heart Centered
Counseling, Dr. Kyle Hampton
at Salud Health Clinic
several dates in
2017
Sarah Breske-
therapist Heart
Centered
Counseling,
Laura Tyler,
Admission
documents and
treatment reports
from each health
facility
therapy, mental
health treatment,
medication unknown
Increased Insomnia‐ affecting
employment, well‐being, social
interactions, ability to
concentrate
I was schedualed twice to see
Dr. Kukaftka because my PVP
Dr. Hampton realized my
insomnia was becoming
unmanagable. Dr. Kukaftka was
my original Dr. that diagnosed
my insomnia. As a cruel joke I
was unable to sleep the night
before both appointments and
fell asleep while doing work on
the computer for both
appointments.
several dates in
2017
Dr Hampton,
Serah Breske, Dr.
Kukaftka
Admission
documents and
treatment reports
from each health
facility
therapy, mental
health treatment,
medication unknown
Decreased ability to concentrate‐
affecting ability to seek
employment
None in particular made a
diagnosis. I however have
brought it to the attention of
my PVP Dr. Hampton, Therapist
Serah Breske, Psychiatrist Dr. at
Severe Police Phobia Sarah Breske
Multiple times
in a week
whenever
sirens go by
the house or
police are in
the area. The
area can
include in
traffic, in the
neighborhood,
or in a crowd of
people unknown unknown
Anxiety
Medication unknown
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 17 of
27
Activities that have been curtailed, limited, cut down or terminated as a result of the incident
ACTIVITY
MONTHLY
TIME DOING
ACTIVITY
BEFORE
INCIDENT
MONTHLY
TIME DOING
ACTIVITY
AFTER
INCIDENT REASON WHY LEVEL OF ACTIVITY HAS CHANGED
Hockey 20 hours 2 hours
I can ice skate, but only for 15 minutes before the entire foot and the front
shin muscles are burning due to injury
Snowboarding / Sledding 12 hours 0 hours
I no longer have the muscle strength and dextarity to snowboard or
sledding at all from the injury
Swimming 20 hours 0 hours
Fallowing my low activity ability that started in a wheelchair and still has
not been regained, I gained a lot of weight, I am to asnamed and
embarrased to swim
Golf 16 hours 0 hours
I only have the ability to walk the distance of a par 5 hole. I no longer have
the muscle dextarity to keep my balance and all the intricacies of a decent
golf swing. I have tried to practice but I am not even able to chip on the
practice green
Tennis 14 hours 0 hours
My acheles tendon, ACL, and my entire tibia ach painfully after 20 minutes
of just trying to keep a volly so I have had to give it up
Walking 8 hours 2 hours
1 mile is a stressful limit, so I avoid walking any longer than 100 yards due
to pain in my ankle, acheles tendon, and the entire foot
Mountain Biking 6 hours 0 hours
Due to the injury I am unable to put the amount of preassure on my leg to
mountain bike uphill. I also can not take the impact of the bumps while
decending
Camping 48 hours 0 hours
I used to go backpack camping by hiking along a trail using only a map
and compass. You have to carry around 80lbs of camping equipment in
order to do this. I especially enjoyed survival camping in the dead of winter
where I would ice fish and live off small game and fish. Not only am I
limited to a mile walk on flat ground, but I don't even have the ability to
carry 80lbs on my leg that was injured
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 18 of
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Rock Climbing 8 hours 0 hours
I used to go outdoors rock climbing and have all the gear for both
assention and top roap repelling. I have tried to rock climb on a easy
indoor rock wall and nearly reinjured my leg. Due to the injury I now weigh
285lbs but even if I weighed my former 220 I am no longer able to stand
all that weight on one small side of my foot. A foothold is the easy part of a
rock climb and I am no longer able to achieve that.
Hiking 8 hours 0 hours
I rarely went for a hike just for the sake of hiking; however I would hike
regularly to a mountain swimming hole, a rock face for climbing, a lake for
fishing ect. But I did do regular hikes in the foothills with a heavy pack just
to stay in shape. I can't even walk on flat ground for more than 1 mile let
alone traversing a rocky hill
Social Downtown 20 hours 0 hours
Much of having fun in Ft. Collins or any city is the nightlife or festivals.
Since I am only able to stand in place for about 20-30 minutes tops there
has been most times that I have to pass it up knowing there will be too
much standing for me to be comfortable
Social Mobility 8 hours 0 hours
Many times if you go out or get invited out, your friends are walking a few
miles downtown which I am unable to do from my injury. On a few
occasions you drink too much to legally drive and your only option is to
walk home or catch the Max bus a few miles near your house and walk
the rest of the way. Unless I know everything from the transportation, time
schedual, and what clubs or bars we are going to I just have to opt out.
Dating 32 hours 0 hours
I am a single guy that is used to dating 1 girl regularly or going on a date
about once each weekend. I have 3 monumental obsticals to try to get
around in order to do this: 1 I don't have any money so I can't afford, well
anything. 2 I don't have any form of transportation, this might be ok in New
York city but it dosen't go over well in Colorado. 3 My massive weight gain
has left me with zero self confidence, the one thing a girl looks for in every
guy, confedince is the 1 think I am lacking in the most.
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 19 of
27
Dancing 6 hours 0 hours
I have never thought I was a good dancer even though many girls
complimented me on being a very good dancer. I don't really enjoy
dancing but it's one of the things you must do with a girl when dating in the
beginning, middle, and at your merrage so I do it.
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 20 of
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DESCRIPTION / DATE
MEDICAL
EXPENSES
LOSS OF
EARNING OR
EARNING
CAPACITY
OUT OF
POCKET
EXPENSES
PERSON WITH
KNOWLEDGE
OF THIS
DAMAGE
DOCUMENT
REFERENCING
OR
EVIDENCING
DAMAGE
Living expenses Oct 20,
2016 to present $24,000
Loss of ability to work Oct
20, 2016 to present
Reconstructive surgery to
lower right leg
Dr. Rusnak
Orthopedic and
Spinal Center of
the Rockies
Hospital Expenses during
surgery
Post surgery treatment
Physical therapy
Colorado In
Motion- therapist
Lost wages
24months of
60hours imes 28
her hour
PAIN AND SUFFERING
LOSS OF
ENJOYMENT
OF LIFE
EMOTIONAL
STRESS
ANY
PERMANENT
IMPAIRMENT
OR DISABILITY
MONETARY
AMOUNT
CLAIMED FOR
DAMAGE
PERSON WITH
KNOWLEDGE
OF THIS
DAMAGE
1,000,000 1,000,000 1,000,000 to be known 1,000,000 6000000
#13 ECONOMIC LOSS
#14 NON-ECONOMIC DAMAGE
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 22 of
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IN 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 SUPPLEMENTAL RESPONSES TO DEFENDANT’S
FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION
OF DOCUMENTS, AND REQUESTS FOR ADMISSION
Plaintiff, Dakota McGrath, by and through counsel, Anthony Viorst of the Viorst Law
Offices, P.C., hereby responds to Defendant’s First Set of Interrogatories, Requests for
Production of Documents, and Requests for Admission as follows:
INTERROGATORIES
1. State the name, address, phone number, and relationship to YOU of each person
who prepared or assisted in preparing YOUR answers to these Discovery Requests. (Do not
IDENTIFY anyone who simply typed or reproduced the responses.)
RESPONSE: Dakota McGrath, 2721 Bianco Drive, Fort Collins, CO 80525, (970) 689-9103
Laura Tyler, mother, 3620 Haven Court, Fort Collins, CO 80526, (970) 227-6319.
2. Other than YOUR counsel of record in the above-captioned matter, please
IDENTIFY each and every person to whom YOU have mentioned, or with whom YOU have
discussed, either the INCIDENT or any of the ALLEGATIONS IN THE PLEADINGS
FILED IN THIS MATTER.
RESPONSE: Laura Tyler, mother, 3620 Haven Court, Fort Collins, CO 80526, (970) 227-6319.
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 23 of
27
4. Describe YOUR current and past employment since 2011, including: (a) the
name, address, and nature of work at YOUR present employment or place of self-employment;
and (b) the name, address, telephone number, dates of employment, job title, and nature of work
for each employer or self-employment YOU have had from 2011 until today.
RESPONSE:
2016 – RK Mechanical, 2150 Centre Avenue, Fort Collins, CO 80526, (970) 492-0149. I
worked as an HVAC technician, installing, maintaining and repairing heating, air conditioning,
and refrigeration systems.
2015 – Tradesman International, 2478 Metrocentre Blvd., West Palm Beach, FL 33407, (561)
686-5050. I worked as an HVAC technician.
2015 – Design Mechanical, 951 Vallejo Street, Denver, CO 80204, (303) 573-1223. I worked as
an HVAC technician.
I don’t currently recall the exact dates of the employment listed above, nor do I currently
recall the places I worked prior to 2015, but I will try to obtain this information.
8. Has any HEALTH CARE PROVIDER advised YOU that YOU may require
future or additional treatment for any injury that YOU attribute to the Incident? If so, for each
such advisement about future treatment, IDENTIFY each HEALTH CARE PROVIDER
providing same; the complaints or injury for which the treatment was advised; and the nature,
duration, and estimated cost of the treatment.
RESPONSE: My PCP (Dr. Hampton) has talked about how an injury like this may need
additional help to fully heal. He works at Salud Family Health Centers and his records have
previously been disclosed. This statement was made orally, not in writing.
13. IDENTIFY each and every item of economic (special) damages, including, but
not limited to, medical expenses, loss of earnings or earning capacity, and out-of-pocket
expenses YOU claim in this action. For each, describe the damage; state the date the damage
was incurred; state the monetary amount of the damage; IDENTIFY every person with
knowledge of the damage; and IDENTIFY every DOCUMENT referencing or evidencing the
damage.
RESPONSE:
Poudre Valley Hospital $22,143.96
Medical Center of the Rockies $24,369.25
Dr. Rusnak $2,873.00
Colorado in Motion $1,495.00
Total $50,881.21
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 24 of
27
Documentation supporting these figures is attached to this pleading.
14. IDENTIFY each and every type of non-economic (general) damages, including,
but not limited to, pain and suffering, loss of enjoyment of life, emotional stress, and any
permanent impairment or disability YOU claim in this action. For each, describe the damage;
state the date the damage was incurred; state the monetary amount YOU claim for the damage;
IDENTIFY every person with knowledge of the damage; and IDENTIFY every DOCUMENT
referencing or evidencing the damage.
RESPONSE: Due to the baton strike that broke my leg, I am seeking noneconomic damages for,
among other things, pain and suffering, loss of enjoyment of life, emotional distress, and
permanent impairment/disfigurement. These damages are related to the pain and suffering from
the baton strike and the subsequent surgery, as well as the functional limitations I now
experience on a daily basis. I estimate the value of my noneconomic damages at no less than
$500,000.
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. Produce any and all DOCUMENTS utilized in answering these Discovery
Requests, including, but not limited to, medical records, business records, employment records,
W-2s, and other tax-related information.
RESPONSE: Medical records from the following facilities:
Poudre Valley Hospital
Medical Center of the Rockies
Colorado In Motion PT
Dr. Hampton, Salud Family Health Cetner
Plaintiff hereby declines to disclose any of his mental health records, as they are not
relevant to any matter at issue in this case, and because they are subject to the federal
psychotherapist-patient privilege. See Jaffee v. Redmond, 518 U.S. 1, 15, 116 S.Ct. 1923, 135
L.Ed.2d 337 (1996); United States v. Glass, 133 F.3d 1356 (10 th Cir. 1998).
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 25 of
27
Dated this 6 th day of February, 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
CERTIFICATE OF SERVICE
I hereby certify that on this 6 th day of February, 2018, I electronically served the
foregoing PLAINTIFF’S SUPPLEMENTAL 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 28-1 Filed 02/23/18 USDC Colorado Page 26 of
27
02/06/18
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 27 of
27
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 21 of
27
UC Health walk in clinic,
Perscribing doctors of the
mental health hospitlals.
several dates in
2017
Sarah Breske-
therapist Heart
Centered
Counseling,
Laura Tyler,
Admission
documents from
each health
facility
therapy, mental
health treatment,
medication unknown
Nightmares of the time I was
tortured while in jail Sarah Breske
A minimum of
once a month
where I wake up
with a blood
preassure of
180/110,
Sweating
through the
sheets and a
pulse of
140BPM
Sarah Breske-
therapist Heart
Centered
Counseling,
Laura Tyler, unknown
Anxiety
Medication unknown
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 16 of
27
Difficulty standing in place for
long periods Dr. Hamptom, Kattie Hall PT unknown
Dr. Hamptom,
Kattie Hall PT,
Laura Tyler Treatment report physical therapy unknown
MENTAL AND EMOTIONAL
INJURY ATTRIBUTED TO THE
INCIDENT
HEALTH CARE PROVIDER WHO
DIAGNOSED INJURY
DATE OF
DIAGNOSIS
PERSON WITH
KNOWLEDGE OF
THE INJURY OR
DIAGNOSIS
DOCUMENT THAT
REFERENCES OR
EVIDENCES
INJURY
TREATMENT
PROVIDED
COST OF
TREATMENT
Attempted suicide
ER at Poudre Valley
Hospital, Mountain Crest
Mental Health Facility
8/25/17+or
minus 2 days
Sarah Breske-
therapist Heart
Centered
Counseling,
Laura Tyler,
Admission
documents from
each health
facility
Sarah Breske-
therapist Heart
Centered
Counseling,
Laura Tyler, unknown
Increased Depression‐ affecting
employment, physical activity,
housing stability, family and
personal relationships,
participation in sports
Mountain Crest Mental Health
Hospital, Clearview Mental
Health Facility, Heart Centered
Counseling, Dr. Kyle Hampton
at Salud Health Clinic
several dates in
2017
Sarah Breske-
therapist Heart
Centered
Counseling,
Laura Tyler,
Admission
documents and
treatment reports
from each health
facility
therapy, mental
health treatment,
medication unknown
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 15 of
27
McGrath
Motor vehcile 04.13.13 Plea to lesser
charge
2016C032026 Larimer Kasey Jordan v.
McGrath, Dakota
Forcible
Entry and
Detainer
06.22.16 Failure to
appear
2010C004465 Larimer Capital One Bank
v. Dakota
McGrath
Money 09.14.15 Satisfaction
of Judgment
Case 1:17-cv-01177-LTB-NYW Document 28-1 Filed 02/23/18 USDC Colorado Page 3 of 27