An amended civil rights lawsuit against the Montezuma County Sheriff's Office appears headed to the federal courts after the parties failed to reach a settlement.
Durango attorney Douglas Reynolds announced this week that all administrative remedies had been exhausted since the claim was initially filed in June. A $60,000 settlement demand was issued in February.
"Montezuma County was ultimately unwilling to make a settlement offer," Reynolds wrote in an amended complaint against the agency, Sheriff Dennis Spruell and Deputy Adam Alcon.
In an email to The Cortez Journal on Monday, Dec. 22, Reynolds said the amended complaint added specifics regarding the department's liability in connection to a traffic stop for failure to display a valid tag on June 10, 2013. The 14-page complaint alleges that incompetent and heavily armed deputies routinely use excessive force under Spruell's direct supervision.
"I have passed this along to the sheriff's attorney, and he has indicated they will accept service and will likely remove the case to federal court," said Reynolds.
The lawsuit cites unlawful arrests made by ex-Montezuma County Robin Cronk and former Sgt. Darrin Harper as examples to bolster its claims that the plaintiff's Fourth and 14th Amendment rights were violated by Alcon on the day in question. Jonathan Boyd and Jami Larson are listed as plaintiffs.
"Despite being aware of the numerous complaints against and issues with Defendant Alcon, Defendant Spruell and the Montezuma County Sheriff's Office have failed to take disciplinary action against Defendant Alcon or act to retrain him," the lawsuit states. "Instead, Defendant Alcon has been rewarded with promotions, first to Sergeant and then to Detective."
The amended complaint further alleges that Spruell "cultivates and promotes" an environment within the agency that encourages officers to "utilize excessive force" in a "pattern of deliberate indifference to violations of due process and reckless abuse of governmental power." The complaint also alleges the agency fails to maintain the operation of patrol car and officer mounted video equipment for the "purpose of concealing evidence of officer wrongdoing."
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, Larson and Boyd waited more than 15 and 12 hours, respectively, before being processed and booked, according to the lawsuit.
All charges - resisting arrest, obstructing governmental operations, operating an uninsured motor vehicle and failure to display valid registration - filed against Larson, and all charges - obstructing governmental operations and possession of a weapon by a previous offender - filed against Boyd were dismissed two days after their arrest by District Attorney Will Furse on June 12, 2013.
The sheriff's department failed to respond to a request seeking comment.
