A trial date could be set later this month in a civil rights lawsuit against former Montezuma County Sheriff Dennis Spruell and a current deputy.
Earlier this month in a 14-page ruling, U.S. Magistrate Judge Michael Hegarty denied a defense motion for partial judgment in a case involving allegations that Montezuma County Sheriff’s deputy Adam Alcon used excessive force during a routine traffic stop.
The plaintiffs, Jami Larson and husband Jonathon Boyd, also claim that Spruell failed to properly train Alcon.
The plaintiff’s attorney, Douglas J. Reynolds of Durango, said the court’s May 12 decision allows the civil rights complaint, including excessive use of force and unlawful arrest claims, to proceed. A scheduling conference has been set for May 29.
“At that time, we expect a schedule to be put together, including a possible trial date,” said Reynolds.
Reynolds anticipates future discovery proceedings aimed at gathering evidence.
Reynolds added that the plaintiffs agreed to withdraw a claim of malicious prosecution against Alcon, saying it was duplicative of an unlawful arrest claim. Reynolds said the personal claim against Spruell for failing to train Alcon may also move forward.
In a separate six-page ruling, the court did grant a defense request this month to separate tLarson’s and Boyd’s allegations against Alcon, the sheriff’s office and Spruell.
“In doing this, the court is saying they aren’t going to allow us to conduct discovery or pursue the claims against the sheriff’s office as an entity until the claims against Alcon and Spruell personally have been decided,” Reynolds said.
Filed last summer, the 10-page civil rights lawsuit alleges that Larson’s and Boyd’s Fourth and 14th Amendment rights were violated after a traffic stop on June 10, 2013. The complaint states that “incompetent” and “heavily armed” deputies used “excessive force” under Spruell’s direct supervision.
According to the complaint, Alcon wrestled Larson to the ground three times after the traffic stop and held Boyd at gunpoint before both were handcuffed. After being taken to the jail, the complaint alleges Larson and Boyd waited more than 15 and 12 hours, respectively, before being processed and booked.
All charges against Larson – resisting arrest, obstructing governmental operations, operating an uninsured motor vehicle and failure to display valid registration were dismissed by prosecutors two days after the traffic stop.
All charges against Boyd – obstructing governmental operations and possession of a weapon by a previous offender – were also dismissed two days after the traffic stop.
As sheriff, Spruell denied any wrongdoing. He served one term in office before losing a re-election bid last fall.