Trujillo v. Bd. of Cnty. Comm'rs for Weld Cnty.
| Decision Date | 23 July 2021 |
| Docket Number | Civil Action 20-cv-02862-CMA-NYW |
| Parties | STACIE R. TRUJILLO and CHAD S. KELLER, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, STEVEN G. WRENN, in his individual and official capacities, ANTHEA L. CARRASCO, in her individual and official capacities, ERIE POLICE DEPARTMENT, KIMBERLY A. STEWART, in her individual and official capacities, RICHARD L. MATHIS, in his individual and official capacities, BRANIN NEWMAN, in his individual and official capacities, CHRISTINA MUZZIPAPA, in her individual and official capacities, KATE GOMOLSON, in her individual and official capacities, JAMES D. HOYSICK, JR., in his individual and official capacities, and BOBBY G. SISNEROS, JR., Defendants. |
| Court | U.S. District Court — District of Colorado |
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
These matters come before the court for recommendation on the following:
[#90], filed March 22, 2021.
The undersigned considers the Motions pursuant to 28 U.S.C § 636(b), the Order Referring Case dated November 18 2020 [#34], and the Memoranda dated February 16 and March 25, 2021 [#84, #91]. This court concludes that oral argument will not materially assist in the resolution of these matters. Accordingly, having carefully reviewed the Motions and associated briefing [#89, #92, #93, #94, #95, #96], the docket, and applicable law, this court respectfully RECOMMENDS that the Motions to Dismiss be GRANTED.
The following facts are drawn from Plaintiffs' operative Second Amended Complaint and are, unless otherwise noted taken as true for purposes of the instant Motions to Dismiss.
Plaintiff Stacie R. Trujillo (“Ms. Trujillo”) divorced Defendant Bobby Sisneros, Jr. (“Mr. Sisneros”) on or about April 26, 2017, after contentious proceedings in the Adams County District Court in Adams County, Colorado. [#76 at ¶ 20]. Following the divorce, Ms. Trujillo was awarded primary physical and legal custody of the two minor children shared by Ms. Trujillo and Mr. Sisneros. [Id.].
On or about May 6, 2018, Plaintiff Chad S. Keller (“Mr. Keller” and collectively with Ms. Trujillo, “Plaintiffs”), an author and investigative journalist, traveled to Colorado to collaborate with Ms. Trujillo on an exposé of family court corruption and, specifically, Ms. Trujillo's experience with the same during her divorce proceedings. [#76 at ¶ 21]. Mr. Keller stayed with Ms. Trujillo and her two children during his six-day Colorado visit. [Id.]. Plaintiffs' relationship was strictly professional, and Mr. Keller slept on the couch throughout his stay. [Id.].
Approximately two days after Mr. Keller arrived in Colorado, Ms. Trujillo introduced him to Mr. Sisneros, explaining to her ex-husband that Mr. Keller was in town to help her write a book. [#76 at ¶ 22]. Later that same day, at approximately 9:00 p.m., Mr. Sisneros contacted Defendant Erie Police Department (or “EPD”) regarding Mr. Keller's presence around his children. [Id. at ¶ 23]. Specifically, Mr. Sisneros told EPD that Mr. Keller, who Mr. Sisneros claimed was a registered sex offender, was residing at Ms. Trujillo's home where Mr. Sisneros's children were present. [Id.]. EPD dispatched two officers to Ms. Trujillo's residence in response to Mr. Sisneros's phone call. [Id. at ¶ 24].
When the EPD officers arrived to Ms. Trujillo's residence, Mr. Keller provided the officers with his Georgia state driver's license. [#76 at ¶ 24]. The officers performed a background check, which did not show that Mr. Keller was a registered sex offender. [Id.]. The officers subsequently left Ms. Trujillo's residence and informed Mr. Sisneros that his claim that Mr. Keller was a registered sex offender had not been substantiated by their records. [Id.].
On or about May 10, 2018, Mr. Sisneros and/or his attorney, Defendant Kate Gomolson (“Ms. Gomolson” or “Defendant Gomolson”), requested Mr. Keller's criminal history records from Georgia state courts. [#76 at ¶ 25]. This record request revealed that Mr. Keller was discharged from a sexual offense without a conviction pursuant to Georgia's First Offender Act, O.C.G.A. § 42-8-60, upon his completion of a first-offender program offered by the state of Georgia. [Id.].
On or about May 14, 2018, Ms. Gomolson filed a motion to restrict parenting time in Adams County District Court on behalf of her client, Mr. Sisneros. [#76 at ¶ 26]. Therein, Ms. Gomolson alleged that Mr. Keller was a “convicted sex offender” living with Ms. Trujillo. [Id.]. As supporting evidence, Ms. Gomolson presented pictures of a moving pod present at Ms. Trujillo's residence and falsely alleged that the moving pod belonged to Mr. Keller. [Id.]. Plaintiffs allege that Ms. Gomolson knew or recklessly disregarded the fact that the foregoing statements were false. [Id.].
Based upon the foregoing “patently false statements” in Ms. Gomolson's motion, the Honorable Roberto Ramirez (“Judge Ramirez”) of the Adams County District Court signed an order restricting Ms. Trujillo's parenting time “without providing [Ms. Trujillo] any opportunity to be heard.” [#76 at ¶ 27]. Shortly thereafter, Defendant Branin Newman (“Officer Newman”) arrived at Ms. Trujillo's residence and informed Ms. Trujillo that the Adams County District Court had ordered her to relinquish custody of her children to Mr. Sisneros. [Id. at ¶ 28]. Officer Newman refused to provide a copy of the child custody court order, falsely informing Ms. Trujillo that he was not permitted to show or provide her with a copy of the court order pursuant to EPD policy. [Id.].
Believing Officer Newman and Mr. Sisneros “were conspiring to illegally and/or improperly take physical custody of the children, ” [#76 at ¶ 29], Ms. Trujillo denied Officer Newman entry into her home and called 911. [Id.]. Emergency dispatch connected Ms.
Trujillo to Defendant Richard L. Mathis, Deputy Chief of the EPD (“Deputy Chief Mathis”). [Id. at ¶ 31]. In turn, Deputy Chief Mathis called Officer Newman to inform Officer Newman that he was not authorized to force Ms. Trujillo to relinquish physical custody of the children to Mr. Sisneros, before calling Ms. Trujillo back to express his surprise that she had not been provided with a copy of the court order. [Id. at ¶¶ 31, 32].
Shortly thereafter, Officer Newman was dispatched to Ms. Trujillo's residence. [#76 at ¶ 33]. There, he made contact with Plaintiffs through an open window. [Id.]. Mr. Keller explained to Officer Newman that he was never convicted of a sexual offense. [Id.]. Officer Newman explained to Plaintiffs that he did not have authority to force Ms. Trujillo to relinquish physical custody of the children to Mr. Sisneros until Adams County served a copy of the child custody court order on Ms. Trujillo. [Id.]. He further explained that he was present for a “courtesy assist” on behalf of Mr. Sisneros related to the same. [Id.].
The same day, at approximately 5:45 p.m., Plaintiffs and one of Ms. Trujillo's children drove to the EPD to request a copy of the child custody court order from Deputy Chief Mathis and Officer Newman. [#76 at ¶ 34]. Neither Deputy Chief Mathis nor Officer Newman provided a copy of the court order, explaining to Plaintiffs that they lacked jurisdiction to serve the Adams County court order and “do not get involved in civil disputes.” [Id.].
Approximately three hours later, Officer Newman called Ms. Trujillo and informed her of his recent conversation with Weld County District Attorney Anthea Carrasco (“D.A. Carrasco”). [#76 at ¶ 35]. As Officer Newman explained to Ms. Trujillo, D.A. Carrasco advised Officer Newman to inform Ms. Trujillo of her two interim alternatives: either (1) a third party stay at Ms. Trujillo's residence, or (2) Mr. Keller vacate the residence immediately. [Id. at ¶ 36]. Ms. Trujillo refused to comply with this instruction. [Id. at ¶ 37]. Officer Newman subsequently called Mr. Sisneros, advising him to take legal action against Ms. Trujillo for her refusal to comply. [Id.].
On or about May 15, 2018, Ms. Gomolson filed an amended motion to restrict parenting time in Adams County District Court. [#76 at ¶ 38]. Therein, Ms. Gomolson requested an amendment to the May 14 child custody court order whereby the EPD would be permitted to forcibly remove Ms. Trujillo's children via “any lawful means.” [Id.]. In addition to citing Ms. Trujillo's failure to comply with the directions and advice of D.A. Carrasco, Officer Newman, and the EPD as grounds for the amendment [id.], Ms. Gomolson also alluded to a likelihood that Ms. Trujillo was “‘using drugs because she is dating a sex offender,' or words to that effect, ” [id. at ¶ 39], and asserted that the children were in “imminent danger”-statements which Ms. Gomolson either knew to be false or made with reckless disregard to their falsity [id. at ¶¶ 38-39].
That same day, “based up patently false statements and assertions including ‘imminent danger, '” Judge Ramirez signed an order to remove the children from Ms Trujillo's...
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