McCully v. El Paso County Colorado et al

Filing 1

COMPLAINT and Jury Demand against El Paso County Colorado, Kimberly Farrell, Deanna Flores, Sean Grady, Lari Hanenberg, Melanie Hoffman, Michael Krablean, Michelle Mackey, Spencer Ottley, Rincon, Rogers (Filing fee $ 400,Receipt Number 1082-4930548)Attorney David Arthur Lane added to party Philippa McCully(pty:pla), filed by Philippa McCully. (Attachments: # 1 Civil Cover Sheet)(Lane, David)

JS 44 (Rev. 12/11)

CIVIL COVER SHEET

District of Colorado Form

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose
of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a)

DEFENDANTS

PLAINTIFFS

El Paso County, Colorado et al.

Philippa Grace McCully

County of Residence of First Listed Defendant El Paso

(b)

County of Residence of First Listed Plaintiff

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

(c)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
TRACT OF LAND INVOLVED.

Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

David A. Lane
Killmer, Lane & Newman, LLP, 1543 Champa Street, Suite 400, Denver, CO
[phone]

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES

✖ 3 Federal Question
(U.S. Government Not a Party)

1 U.S. Government
Plaintiff

(For Diversity Cases Only)
PTF

(Place an “X” in One Box for Plaintiff)
and One Box for Defendant)
PTF

DEF

DEF

1

1

Incorporated or Principal Place
of Business In This State

4

4

Citizen of Another State

2

2

Incorporated and Principal Place
of Business In Another State

5

5

Citizen or Subject of a
Foreign Country

4 Diversity
(Indicate Citizenship of Parties in Item III)

2 U.S. Government
Defendant

Citizen of This State

3

3

Foreign Nation

6

6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans (Excl. Veterans)

TORTS
PERSONAL INJURY
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal Injury

153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

362 Personal Injury Med. Malpractice
CIVIL RIGHTS
✖ 440 Other Civil Rights
441 Voting

365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General

442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other

535 Death Penalty
Other:
540 Mandamus & Other

FORFEITURE/PENALTY
625 Drug Related Seizure
of Property 21 USC 881

BANKRUPTCY

OTHER STATUTES

422 Appeal 28 USC 158

375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking

423 Withdrawal
28 USC 157

690 Other
PROPERTY RIGHTS

450 Commerce

820 Copyrights
830 Patent
840 Trademark
LABOR

SOCIAL SECURITY

710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

IMMIGRATION

861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters

TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS - Third Party
26 USC 7609

462 Naturalization Application

895 Freedom of Information Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

465 Other Immigration
Actions

550 Civil Rights

448 Education

555 Prison Condition
560 Civil Detainee Conditions of Confinement

V. ORIGIN

(Place an “X” in One Box Only)

✖ 1 Original

Proceeding

Transferred from
2 Removed from
3 Remanded from
4 Reinstated or
5 another district
6 Multidistrict
State Court
Appellate Court
Reopened
Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Appeal to District
7 Judge from
Magistrate Judgment

42 USC 1983

VI. CAUSE OF ACTION

AP Docket

Brief description of cause:

Fourteenth Amendment Violation - Excessive Force; Fourteenth Amendment Violation - Failure to Provide Medical Care and Treatment

VII. REQUESTED IN
COMPLAINT:

CHECK YES only if demanded in complaint:
No
✖ Yes
JURY DEMAND:

CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
DEMAND $

DATE

SIGNATURE OF ATTORNEY OF RECORD

April 15, 2016

s/ David A. Lane

FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE