Attorneys for the Montezuma County Sheriff’s Office have asked a federal judge to dismiss claims contained in a civil rights lawsuit.
Filed last summer, the 10-page civil rights lawsuit alleges that a husband and wife’s Fourth and 14th Amendment rights were violated after a traffic stop on June 10, 2013. The complaint states, in part, that “incompetent” and “heavily armed” deputies used “excessive force” under former Montezuma County Sheriff Dennis Spruell’s direct supervision.
On behalf of defendants Spruell and Deputy Adam Alcon, Colorado Springs attorneys Ann B. Smith and Gordon L. Vaughan, of Vaughan & DeMuro have requested that the U.S. District Court dismiss claims of excessive use of force, unlawful arrest and malicious prosecution. Filed on Feb. 26, the defense motion argues the allegations contained in the lawsuit are too vague.
Defense attorneys also filed a motion to divide the lawsuit against Spruell and Alcon into separate trials.
The plaintiffs, Jonathon Boyd and Jami Larson, allege that Alcon used excessive force when making an unlawful arrest, and that Spruell failed to adequately train and supervise his staff. Durango attorney Douglas Reynolds represents the plaintiffs.
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. The complaint alleges that after being taken to the jail, Larson and Boyd waited more than 15 and 12 hours, respectively, before being processed and booked.
Charges of resisting arrest, obstructing governmental operations, operating an uninsured motor vehicle and failure to display valid registration filed against Larson, and charges of obstructing governmental operations and possession of a weapon by a previous offender filed against Boyd were dismissed by prosecutors two days after the traffic stop.
As sheriff, Spruell denied any wrongdoing. He was defeated in last year’s sheriff election.
tbaker@cortezjournal.com
