1

2
3
4
5
6

GERAGOS & GERAGOS

A PROFESSIONAL CORPORATION
LAWYERS
HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
Telephone (213) 625-3900
Facsimile (213) 232-3255
Geragos@Geragos.com

MARK J. GERAGOS
SBN 108325
DAVID W. GAMMILL SBN 258286
Attorneys for Putative Plaintiffs Kali Orff and Michelle Kristol

7
8

CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

LOS ANGELES COUNTY, CITY OF POMONA

GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

10
11
12

KALI ORFF, an individual; MICHELLE

KRISTOL, an individual;

13
Putative Plaintiffs,

14
15

adv.

16
17
18

CITY OF IMPERIAL; IMPERIAL

POLICE DEPARTMENT; CHIEF
MIGUEL COLON; DOE OFFICERS 110;

19
20

Claim No.: UNASSIGNED

CALIFORNIA GOVERNMENT TORT
CLAIM PURSUANT TO SECTION 910,
ET SEQ.; NOTICE AND INTENT TO SUE
CITY OF IMPERIAL, IMPERIAL
POLICE DEPARTMENT, CHIEF MIGUEL
COLON, DOES 1-10

City Clerk, City of Imperial

420 South Imperial Avenue
Imperial, California 92251

Putative Defendants.

21
22
23
24
25
26
27
28
-1CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

STATEMENT OF CLAIM

GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

Detective Kali Orff was the victim of sexual assault that was investigated by Imperial

Police.

Imperial Police, Chief Colon. Despite securing a confession, Chief Colon has refused to

submit the sexual assault investigation to the District Attorneys Office. Instead, Chief

Colon has made repeated harassing phone calls to Detective Orffs commanding officers,

suggesting she is to blame for the assault and unfit for duty.

Since that awful night, she has been repeatedly re-victimized by the Chief of

Detective Orff and her wife Detective Michelle Kristol, bring this Notice of Claim

pursuant to California Government Code Section 910 against the City of Imperial, Imperial

10

Police Department, and Imperial Police Chief Miguel Colon, for Violation of Marsys Rights

11
12
13

(releasing personal information about a victim of assault and intimidation of an assault

victim), Monell Violations, Violation of Imperial Police Department Policy and Procedures,
Violation of the Unruh Civil Rights Act, and failure to act despite knowledge that a crime
occurred.

14
15

FACTS
Kali Orff is a detective with the Brawley Police Department. Her wife, Michelle

16

Kristol, is a detective with the Ventura County Sherriffs Office. Both have had long and

17

decorated careers in law enforcement and enjoy the proud distinction of being female

18

officers in the LGBT community.

19

On the night of January 31, 2016 Detective Orff and a group of longtime friends all

20

met in Imperial City at a friends home to celebrate a birthday. After a night out of

21

celebration, the group returned to the friends home where the entire group was staying the

22

night. Hours after going to bed, Detective Orff awoke as she was sexually assaulted by a

23

male officer of the United States Custom and Border Patrol. Her pants had been unfastened

24

and pulled down and her assailant was rubbing his penis against her buttocks.

25
26
27

Detective Orff punched her assailant in the face, called 911, and reported the sexual
battery to the responding officers from the City of Imperial Police Department (IPD).
After being interviewed by IPD officers, Detective Orff was transported to Pioneers
Memorial Hospital where she had a S.A.R.T. rape exam completed by a nurse. The Federal

28

Border Patrol officer was taken into custody and released the same day. To date he has not

1
2
3
4
5

GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

been charged with any crime and remains free to work in a position of authority on our
border, despite confessing to the sexual assault.
Shortly after the sexual assault, Chief Colon repeatedly violated Detective Orffs
California Constitutional rights, which ensure victims be treated with fairness and respect
for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse,
throughout the criminal or juvenile justice process. California Constitution article I, 28,
section (b)(1).

First Chief Colon called Detective Orffs boss at the Brawley Police and gave him the

details of her sexual assault, accused her of being immoral because of her sexual orientation,

and blamed her for being victimized. Her boss defended Detective Orff and her position in

10

law enforcement, pointing out her upstanding reputation and performance record.

11

Undeterred, Chief Colon contacted her boss again, asking him to instruct Detective Orff, the

12

victim of an ongoing sexual assault investigation, to not communicate with the investigator

13

handling her case.

14
15
16
17

Despite the actions of their chief, the IPD continued to investigate the case. Which
eventually lead to the assailants confession; in which he admitted the sexual assault and that
he knew Detective Orff was unconscious. Detective Orff was told by detectives the case
would soon be completed because there was sufficient evidence and a confession of a sexual
battery. Soon after, the detectives notified Detective Orff that they had completed the case

18
19
20

and it had been submitted for internal review before being taken to the District Attorneys
Office for their decision on filing charges. However, as the days passed Detective Orff was
never given confirmation that her case had been submitted to the District Attorneys Office.

21

On May 16, 2016, Detective Orffs wife, Detective Kristol, contacted IPD to get an

22

explanation for the delay in submitting the case to the District Attorney. In response, Chief

23

Colon contacted Detective Kristols boss and began to divulge details of Detective Orffs

24

assault.

25
26
27
28

Contrary to standard procedure, Detective Orffs case has still not been
submitted to the District Attorneys office for review.
To date, the assailant has not been taken into custody and remains on duty as a
Federal Border Patrol Agent 96 days after confessing to a sexual assault.

It has become clear Chief Colon intends to cover up for the conduct of the

1
2

Federal Border Patrol Agent.

3
I.
4

Damages include but are not limited to:

5
6
7

DAMAGES

Violation

of

Marsys

Rights,

violation

of

Imperial

Police

Department

Policy/Procedures, Monell violations, violation of the Unruh Civil Rights Act, emotional
injuries, punitive damages, and any other remedies as the Court shall order.

GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

II.

DATE AND LOCATION OF INCIDENT

10

February 1, 2016 through present;

11

575 Mesquite Street, Imperial, CA 92251.

12
13

III.

The City of Imperial;

14

The Imperial Police Department;

15

Chief Miguel Colon;

16

DOE Officers 110

17
18
19
20

NAMES OF PERSONS CAUSING INJURIES:

IV.

ACTS OR OMISSION CAUSING INJURIES:

Violation Marsys Law under the California Constitution Article I. 28, section (b)
intentional infliction of emotional distress, negligent infliction of emotional distress, Monell

21

violations, and violation of Unruh Civil Rights Act, Civil Code 51 et seq., Civil Code 52

22

et seq.

23
24

V.

NAMES AND ADDRESSES OF WITNESSES:

25

Chief Miguel Colon;

26

Captain Hartmann of the Ventura Sheriffs Office;

27

Chief Crankshaw of the Brawley Police Department

28

1
2
3
4
5

VI.

ADDRES TO WHICH NOTICES SHOULD BE SENT

KALI ORFF, an individual; MICHELLE KRISTOL, an individual;
c/o Mark J. Geragos, Esq., David W. Gammill, Esq.
GERAGOS & GERAGOS, APC
644 S. Figueroa Street
Los Angeles, California 90017

6
7

DATED: June 29, 2016

GERAGOS & GERAGOS APC

8
9

GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

By:
MARK J. GERAGOS
DAVID W. GAMMILL
Attorney for Plaintiff