Ruegsegger v. Jefferson County Bd. of Cty. Com'Rs
| Citation | 197 F.Supp.2d 1247 |
| Decision Date | 27 November 2001 |
| Docket Number | No. CIV.00-B-806.,CIV.00-B-806. |
| Parties | Gregory A. RUEGSEGGER and Darcey L. Ruegsegger, individually and as parents of Kacey L. Ruegsegger, Britney L. Ruegsegger, Brett A. Ruegsegger, and Brian T. Ray, Kacey L. Ruegsegger, individually, and Brian T. Ray, individually, Plaintiffs, v. THE JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS, the Jefferson County Sheriff's Department, Sheriff John C. Stone, Individually and in his Official Capacity, Former Sheriff Ronald Beckham, Individually and in his Official Capacity, Deputy Sheriff Neil Gardner, Individually, Deputy Sheriff Paul Magor, Individually, Deputy Sheriff Paul Smoker, Individually, Deputy Sheriff Scott Taborsky, Individually, Deputy Sheriff Rick Searle, Individually, Deputy Sheriff Kevin Walker, Individually, John Hicks, Individually, Mark M. Miller, Individually, T. Williams, Individually, Mike Guerra, Individually, Philip Lebeda, Individually, and John Does (1 through 10), and Jane Does (1 through 10), Defendants. |
| Court | U.S. District Court — District of Colorado |
Robert A. Schuetze, Schuetze & Gordon, LLP, Boulder, CO, Miles C. Cortez, Jr., Avi Sue Rocklin, Cortez, Macaulay, Bernhardt & Schuetze, LLC, Denver, CO, for Plaintiffs.
J. Andrew Nathan, Andrew J. Fisher, Bernard Roland Woessner, Nathan, Bremer, Dumm & Myers, PC, Denver, CO, William A. Tuthill, III, Lily Wallman Oeffler, Jefferson County Government Center, County Attorney's Office, Golden, CO, Alan Kaminsky, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, for Defendants.
Defendants Jefferson County Board of County Commissioners (Board), Jefferson County Sheriff's Department (Sheriff's Department) (collectively, Municipal Defendants), Sheriff John C. Stone, Former Sheriff Ronald Beckham, Deputy Sheriff Neil Gardner, Deputy Sheriff Paul Magor, Deputy Sheriff Paul Smoker, Deputy Sheriff Scott Taborsky, Deputy Sheriff Rick Searle, Deputy Sheriff Kevin Walker, John Hicks, Mark M. Miller, T. Williams, Mike Guerra, and Philip Lebeda, move, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss all claims brought by Plaintiffs Gregory A. Ruegsegger and Darcey L. Ruegsegger, Parents of Kacey L. Ruegsegger, Britney L. Ruegsegger, Brett A. Ruegsegger, and Brian T. Ray, Kacey L. Ruegsegger and Brian T. Ray. After consideration of the motion, briefs, arguments of counsel, and for the following reasons, I grant the motion.
The following facts are alleged in Plaintiffs' Second Amended Complaint (Complaint). During the morning of April 20, 1999, Plaintiff Kacey L. Ruegsegger, a Columbine High School student, was shot and seriously injured in the Columbine High School library (Library), C/O ¶ 20, by fellow students Dylan Klebold and/or Eric Harris. C/O ¶ 78. The attack, apparently planned for more than a year, involved complex preparations, including construction of bombs. See C/O ¶ 31. Harris' and Klebold's actions resulted in the deaths of twelve students and one teacher, and serious physical injuries to at least twenty-three others, including Kacey Ruegsegger. Id. at ¶ 27.
Sheriff Stone has served as the Sheriff of Jefferson County, Colorado since January 1999. C/O ¶ 4. Sheriff Beckham was the Sheriff at all material times prior to January 1999. Id. at ¶ 5.
Plaintiffs allege that in February 1998 the Sheriff's Department apprehended Harris and Klebold for breaking into a van to steal tools. C/O ¶ 29. The two were prosecuted by the Jefferson County District Attorney, and placed in a Jefferson County juvenile offender diversion program on March 28, 1998. Id. The diversion program prohibited Harris and Klebold from possessing weapons and from being involved in any other criminal activity. Id. at ¶ 42.
On March 18, 1998, shortly before Harris and Klebold were placed in the diversion program, Deputy Miller received a complaint from Randall Brown, a Jefferson County citizen, that Harris had made repeated threats against the life of his son, Brooks Brown, also a Columbine student. C/O ¶ 31. According to Mr. Brown, Harris talked often about making pipe bombs and killing people and that Klebold knew of Harris' bomb-making activity. Id. During their meeting, Mr. Brown gave Deputy Miller a printout of information contained on Harris' Web site. These pages contained: 1) death threats; 2) a description of a pipe bomb detonated by the pair; 3) detailed descriptions of multiple pipe bombs built by Harris and Klebold; 4) explicit threats to shoot and kill people; 5) a reference to killing unidentified people using a sawed-off shotgun; 6) threats to "go to some downtown area in some big ... city and blow up and shoot everything I can;" and 7) threats to rig up and detonate explosives and shoot numerous people. Id.
After meeting with Mr. Brown, Deputy Miller completed a report, attached the Web site printout, and submitted it to his supervisor, Sgt. Lebeda. C/O ¶¶ 71-72. Deputy Miller's report, including the Web site printout, was forwarded to Deputy Gardner, id. at ¶ 33, assigned full-time to Columbine High School as a student resource officer. C/O ¶ 50. Deputy Gardner's job duties as school resource officer included contact and communication with students and school staff and awareness of law enforcement issues and student safety. Id.
Deputy Hicks, who also received a copy of Deputy Miller's report, met with Mr. and Mrs. Brown and bomb squad deputies, including Deputy Guerra, who discussed the reports with the Browns. C/O ¶ 36.
Deputies Healy and Williams who were aware of the Browns' report and the contents of the Web site were also assigned investigative duties concerning Harris' and Klebold's activities. C/O ¶ 37.
Prior to April 20, 1999, Harris added the following information to the Web site on "three different information panels":
Hobbies: Preparing' for the big April 20
You'll all be sorry that day
Occupation: Senior at CHS and the rest is still
unpublished
Personal Quote: when in doubt, pull it out. (computers)
____shut up and shoot it—quit
whining, it's just a flesh wound ____
Kill Em AALLLL
C/O ¶ 43. The Complaint does not contain the date this information was added or if the statements were made together or separately.
At some point after the meeting between Deputy Hicks and the Browns, initial steps were taken to prepare and obtain a search warrant in connection with Harris' activities. C/O ¶ 38. Ultimately, the search warrant application was halted by "someone in a position of authority in the Sheriff's Department." Id. At approximately the same time, all follow-up on the Brown's complaint "apparently ceased." Id. at ¶ 39. Plaintiffs allege that investigation of the Browns' report was deliberately aborted by someone in authority in the Sheriff's Department. C/O ¶ 41.
After the investigation was discontinued without the knowledge of the Browns, Deputy Hicks failed to return numerous phone calls to him from Mr. and Mrs. Brown. Mrs. Brown was told by a person within the Sheriff's Department not to call any more. C/O ¶ 40.
Plaintiffs allege that the involved members of the Sheriff's Department consciously and deliberately failed to: 1) investigate Mr. Brown's allegations; 2) monitor Harris' and Klebold's activities; and 3) charge Harris and Klebold for violating the terms of the diversion program. C/O ¶ 44.
At approximately 11:17 a.m. on April 20, 1999, Harris and Klebold approached Columbine High School carrying a shotgun and various home-made explosive devices. Harris also carried a 10-shot Hi-Point model 995 carbine rifle, while Klebold carried an Intratec TEC DC-9 semiautomatic pistol. C/O ¶ 20. As they neared the school, the pair began shooting students outside the building, killing two and wounding approximately seven others. Id. at ¶ 21.
Notified of the shots, Deputy Gardner drove his vehicle onto the grass a short distance from the southwest entrance doors. Harris and Klebold were positioned on the walkway leading to the southwest entrance doors. C/O ¶ 22. Deputies Gardner and Smoker exchanged shots with Harris and Klebold. As these Deputies took cover, Harris and Klebold walked through the doors into the school. Id.
Allegedly, the Sheriff's Department cleared its main communications channel for the Columbine emergency and routed all other radio traffic to secondary radio channels. Id. at ¶ 61. This allowed Deputy Garner to take command and to direct the actions of other Deputy Sheriffs at the scene. This arrangement also permitted Sheriff Stone "and others in command" to communicate with the deputy sheriffs at and en route to the school, and to monitor and receive information about the 911 calls being received. Id.
Either simultaneously or shortly after Harris and Klebold entered the school, Deputies Taborsky, Magor, Searle, and Walker arrived at the school. The Deputy Sheriff Defendants decided and/or received instructions from their supervisors to remain outside the school building, id. at ¶ 23, based on the decision to designate the situation as a hostage situation and "secure the perimeter" of the school. Id. at ¶ 62.
At about the same time, members of the Denver SWAT team arrived at the school. The SWAT team, experienced, trained, and equipped to handle emergency situations, was prepared to pursue Harris and Klebold into the school. However, the Defendants instructed the SWAT team to remain outside the school. Id. at ¶ 24.
Upon entering the school, Harris and Klebold fired on students and teachers, wounding several, including teacher Patti Nielson. C/O ¶ 63. After being shot, Ms. Nielson fled down a hallway to the Library where students, including Kacey Ruegsegger, were studying. See C/O ¶ 64....
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