Case 1:16-cv-01036-GPG Document 1 Filed 05/06/16 USDC Colorado Page 1 of 19

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
Civil Action No.
JENNIFER HERNANDEZ,
Plaintiff,
v.
SHERIFF CHRIS JOHNSON, in his individual and official capacity;
DEPUTY DOMINIC TORRES, in his individual and official capacities;
DEPUTY LINDA HUGHES, in her individual and official capacities;
DEPUTY MICHAEL MORA, in his individual and official capacities; and
DEPUTY CAROL OATES, in her individual and official capacities;
Defendants.

COMPLAINT AND JURY DEMAND

Plaintiff, by and through her attorneys, David A. Lane and Casey Rose Denson of
KILLMER, LANE & NEWMAN, LLP, respectfully alleges for her Complaint and Jury Demand as
follows:
I. INTRODUCTION
1.

This is an action for damages and other relief against Defendants Sheriff Chris

Johnson, and Deputies Dominic Torres, Linda Hughes, Carol Oates and Michael Mora.
Defendant Torres sexually assaulted Ms. Hernandez while she was an inmate. She was the victim
of a jail system that looked the other way as Defendant Torres treated inmates as objects of his
own sexual gratification, and sexually assaulted women without recourse. After Ms. Hernandez
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reported Defendant Torres, Defendants Hughes, Oates, and Mora retaliated against her. As a
result, Ms. Hernandez has injuries that continue to this day.
II. JURISDICTION AND VENUE
2.

This action arises under the Constitution and laws of the United States, and is

brought pursuant 42 U.S.C. 1983. Jurisdiction is conferred upon this Court pursuant to 28
U.S.C. 1331 and 1343(a)(3). Jurisdiction supporting Plaintiffs claims for attorney fees and
costs is conferred by, and such claims are brought pursuant to, 42 U.S.C. 1988.
3.

Venue is proper in the District of Colorado pursuant to 28 U.S.C. 1391(b). All

of the events alleged herein occurred within the State of Colorado, and all of the parties were
residents of the State of Colorado at all times relevant to the subject matter of this Complaint.
4.

Plaintiff has exhausted all administrative prerequisites to the filing of this action.
III. PARTIES

5.

At all times relevant to this Complaint, Plaintiff Jennifer Hernandez was a citizen

of the United States and a resident of the State of Colorado, and confined in the Otero County
Jail. Ms. Hernandez is currently a resident at the San Luis Valley Community Corrections
residential program.
6.

At all times relevant to the subject matter of this litigation, all Defendants were

citizens of the United States and residents of the State of Colorado.

7.

At the time of the incidents alleged in this complaint, Defendant Sheriff Chris

Johnson had overall responsibility for establishing customs, practices and policies for the care of
all inmates and staff at the Otero County Jail. Defendant Sheriff Johnson was also responsible for

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all training and supervision of the entire staff of the jail, and had the responsibility to directly
ensure that appropriate supervision and training was given to all of staff to protect inmates.
8.

At all times relevant to the subject matter of this litigation, Defendant Dominic

Torres was acting under color of state law in his capacity as a deputy at the Otero County
Sheriffs Department working at the Otero County Jail.
9.

At all times relevant to the subject matter of this litigation, Defendant Linda

Hughes was acting under color of state law in her capacity as a deputy at the Otero County
Sheriffs Department working at the Otero County Jail.
10.

At all times relevant to the subject matter of this litigation, Defendant Carol Oates

was acting under color of state law in her capacity as a Corporal at the Otero County Sheriffs
Department working at the Otero County Jail.
11.

At all times relevant to the subject matter of this litigation, Defendant Michael

Mora was acting under color of state law in his capacity as Sergeant at the Otero County
Sheriffs Department working at the Otero County Jail.
IV. FACTUAL ALLEGATIONS
A.

Deputy Dominic Torres sexually harassed and assaulted Jennifer Hernandez.

12.

On May 8, 2014, Plaintiff Jennifer Hernandez, a pre-trial detainee, was brought

into custody at Otero County Jail.

13.

Otero County Jail holds both men and women. The facility consists of six cells,

one of which is for women. The mens and womens cell are separated only by bars. The men in
this adjacent cell could see and hear everything that occurred in the womens cell.

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14.

Upon information and belief, the Defendant Sheriff Johnson had a policy leaving

one deputy, regardless of gender, unsupervised, to guard both male and female inmates
overnight. Not even the dispatch personnel, who have access to video monitors of the cell area,
are able to monitor the deputies activities because there are several widely known blind spots
in the cameras where deputies can hide with inmates from dispatch.
15.

Upon information and belief, despite leaving male deputies to guard female

inmates alone overnight, Defendant Sheriff Johnson did not train deputies about issues
surrounding sexual assault.
16.

On Ms. Hernandezs first day at Otero County Jail, she met Defendant Dominic

Torres when he began his shift as a night deputy.

17.

Defendant Torres, a young man in his early twenties, supervised the male and

female inmates by himself at night. The only other person at the jail overnight was the
dispatcher, who watched the area through video cameras in a separate room.
18.

The video cameras the dispatcher monitored had blind spots in and around the

female inmates cells and showers.

19.

Although Ms. Hernandez overheard other deputies saying the women should be

showered before 4:00 p.m. each night, in her two weeks at Otero County Jail, she was never once
allowed to shower before sunset.
20.

In practice, Defendant Sheriff Johnson had deputies shower female inmates at

night, when the male night deputy is working alone, aggravating the risk of sexual abuse by
exposing naked female inmates to male deputies. The night deputy is almost always male,

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increasing the risk to female inmates of the Otero County Jail to sexual abuse at the hands of
unmonitored night deputies.
21.

It was only after Defendant Torres came on duty for the night that the women,

including Ms. Hernandez, were given a chance to shower. Each night he watched them undress,
and once they were naked, watched them shower.
22.

Soon after she arrived at Otero County Jail on May 8, 2014, the other women

informed Ms. Hernandez that Defendant Torres was flirty with the girls.
23.

It was common knowledge throughout the jail that Defendant Torres made

harassing comments in an attempt to sexualize every encounter, gave contraband to inmates in

exchange for sex, and sexually assaulted female inmates. This was so commonly known
throughout the jail, that Defendant Sheriff Johnson either had to have known, or was willfully
blind, to the fact that Defendant Torres was sexually harassing and assaulting the female inmates.
24.

Despite this, Defendant Sheriff Johnson continued to employ Defendant Torres,

and continued to assign him to guard female inmates with almost no oversight, even during their
showers.
25.

Ms. Hernandez quickly learned for herself that Defendant Torres constantly

sexually harassed the female inmates. On her first night, Defendant Torres told Ms. Hernandez
that she was pretty and should flash him so he could see her breasts. He also asked to Ms.
Hernandez to shake her ass for him and to show him her ass.
26.

Shocked by his behavior, Ms. Hernandez asked the male inmates in the cell next

to hers about Defendant Torres. The male inmates confirmed that they had seen and heard
Defendant Torres engage in this kind of behavior for months.

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27.

Later in the night on May 8, 2014, Defendant Torres took Ms. Hernandezs phone

from storage, and unbeknownst to Ms. Hernandez, showed nude pictures of Ms. Hernandez to
male inmates.
28.

The male inmates told Mr. Hernandez that Defendant Torres was showing them

her nude pictures. Ms. Hernandez then demanded that Defendant Torres return the phone to her.
He gave her the phone, but asked that in exchange, she send him pictures of her naked or kissing
other female inmates. Ms. Hernandez never took these pictures, but held onto the phone, and
deleted the naked pictures to ensure her privacy.
29.

On or about May 12, 2014, Defendant Torres exposed his penis to Ms. Hernandez

and told her to suck my dick. Defendant Torres offered to bring her contraband if she
performed oral sex. Ms. Hernandez declined.
30.

Ms. Hernandez complained to the male inmates in the cell next to her that

Defendant Torres was trying to make her perform sexual acts in exchange for contraband. The
male inmates explained that Defendant Torres was out of control and they regularly heard
Defendant Torres ask female prisoners to engage in sexual acts in exchange for contraband.
31.

As Ms. Hernandez prepared for bed on or about May 12, 2014, she took her

prescribed sleep aid, Seroquel. Seroquel has the effect of making Ms. Hernandez sleep deeply so
that external stimuli are less likely to awaken her. If she takes Seroquel, upon waking, Ms.
Hernandez is extremely groggy and unable to react quickly or express herself clearly.
32.

Barbara, a female cellmate, woke up Ms. Hernandez in the middle of the night

and warned her that Defendant Torres was putting his hands under her blanket, and then pulling
the blanket off her.

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33.

Under the influence of the Seroquel, Ms. Hernandez then fell back asleep.

34.

Barbara woke up Ms. Hernandez again soon after. Ms. Hernandez then felt

Defendant Torres hands reaching through the bars and under her pants. He inserted his fingers
into her vagina. Fearful, Ms. Hernandez felt frozen, as if she could not move.
35.

After sexually assaulting her, Defendant Torres warned Ms. Hernandez that if she

told anyone what happened, he would leave contraband in her cell to falsely incriminate her.
36.

Upset, Ms. Hernandez spoke to the male inmates in the cell next to her. They told

her that they saw and heard Defendant Torres assault her, and promised to speak up to authorities
if Ms. Hernandez reported Defendant Torres.
37.

On or about May 13, 2014, another female inmate requested her pain medication,

but Defendant Torres refused to give it to her unless she had sex with him. She refused, and
Defendant Torres never brought her medicine.
38.

Later that night, Defendant Torres threatened all the female inmates. He said he

would plant contraband in their cell if they reported him.

39.

On May 14, 2014, around 2:00 a.m., Defendant Torres had sex with another

female inmate in exchange for a bag of coffee and a lighter. Defendant Torres put a blanket over
a bunk in a corner of the womens cell that he knew was a blind spot for the camera. The other
inmates could see the two having vaginal and oral sex.
B.

Jennifer Hernandez reported Defendant Torres to jail officials, the police, and
the Court.

40.

On or about May 16, 2016, Ms. Hernandez gave a note to a deputy explaining that

she needed to speak to Defendant Michael Mora. She then reported Defendant Torres to
Defendant Mora. After that, upon information and belief, Defendant Torres was fired.
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41.

The night of May 16, 2014, Defendant Sherriff assigned another male deputy to

supervise the inmates overnight. The women again had to shower under his supervision.
42.

It was not until May 19, 2014, three days after Ms. Hernandezs initial reports of

sexual assault, that the Otero County Sheriff Johnson asked the La Junta Police Department to
investigate Defendant Torres.
43.

On May 19, 2014, Ms. Hernandez was interviewed by a La Junta Police

Department officer, Vince Fraker, at the Otero County Sheriffs Office. She provided him with a
full account of Defendant Torres assault and harassment.
44.

On May 20, 2014, Ms. Hernandez also asked the judge in her criminal case to

release her from Otero County Jail because she was sexually harassed by a guard at the jail.
45.

As a result of Ms. Hernandezs courage to speak up, on May 21, 2014,

Defendant Torres was arrested and charged with two counts of sexual assault and two counts of
introduction of contraband. Later, he was also charged with two counts of sexual conduct in a
correctional institution. On October 21, 2014, he pled guilty to the new counts of sexual conduct
in a correctional institution, and the other counts were dismissed. On March 24, 2015, Torres
was sentenced to 30 days in jail, four years probation, 150 hours of useful public service, and
was required to register as a sex offender.
C.

In retaliation for her reports, Defendants Hughes and Oates took Ms.
Hernandezs belongings, and Defendants Mora, Hughes and Oates left Ms.
Hernandez in a cell with an erratic and threatening inmate who had already
physically assaulted her.

46.

Prior to her reports of Defendant Torres rape, Ms. Hernandez had good

experiences with Defendant Hughes, Oates and Mora. However, after reporting Defendant
Torres, Defendants behavior toward Ms. Hernandez changed.
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47.

Suddenly, they were unresponsive to her legitimate concerns about her safety.

48.

For example, on May 17, 2014, Ms. Hernandez was attacked by her cellmate

Cindy Garrett. Defendant Hughes responded to Ms. Hernandezs cries for help, and when she
arrived, Ms. Hernandez was sitting on top of Ms. Garrett to try to protect herself. Defendant
Hughes then moved Ms. Garrett to a separate holding cell, only to return her hours later.
49.

After Ms. Garrett was returned to the cell, Ms. Hernandez complained to

Defendant Mora, Oates and Hughes, that Ms. Garrett was threatening to harm her, and acting
erratically. Defendants did not move Ms. Garrett to another cell for several days. This caused
Ms. Hernandez to live constantly in fear that Ms. Garrett would attack her again.
50.

Only after Ms. Hernandez complained that Ms. Garrett urinated all over the cell,

used Ms. Hernandezs clothes to mop it up, and then informed Ms. Hernandez that she had
Hepatitis C, did the Defendants finally remove Ms. Garrett from their shared cell again.
51.

On May 20, 2014, Defendant Hughes and Defendant Carol Oates did a search of

Ms. Hernandezs cell and the male inmates overheard Defendant Hughes state, I hate this bitch
and hope I find something to charge her with. Defendant Hughes and Defendant Oates then
took Ms. Hernandezs toilet paper, all of her notes documenting Defendant Torres treatment of
her, and her hairbrush.
52.

Ms. Hernandez spoke to Defendant Hughes, Defendant Oates, and Defendant

Mora, begging to have her belongings returned, but they never returned these items to Ms.
Hernandez.

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53.

On May 20, 2014, Defendant Hughes also forced Ms. Hernandez to take her

Seroquel during the day, even though Ms. Hernandez explained that it was a powerful sleep aid
she only took at night, and that she no longer wanted to take it any time after her rape.
54.

Defendant Sheriff Johnson has a policy of allowing deputies to retaliate against

prisoners for asserting their First Amendment rights, and does not discipline or train deputies or
supervisors who retaliate against inmates.
D.

Ms. Hernandez has been damaged by the Defendants.

55.

Although Ms. Hernandez was released from Otero County Jail on May 22, 2014,

the emotional trauma resulting from the Defendants conduct continues.

56.

Ms. Hernandez has suffered emotional damages. She now suffers from anxiety,

depression, and post-traumatic stress disorder. Her anxiety is further heightened when she is
around police. Although her therapist has recommended she take medicine to treat these
symptoms, including Seroquel, she refuses to take it out of fear that someone will harm her if her
senses are dulled by the medicine.
57.

Additionally, Ms. Hernandez has struggled to maintain her relationship with her

husband since the rape. She is afraid to be touched by men, or to be seen naked. She now fears
that all men might harm her.
58.

Ms. Hernandezs fear of men as a result of these incidents has also hindered her

ability to maintain work, and to succeed in new positions. She had to quit a job as a night auditor
at a hotel, because she was too fearful to interact with men at night alone. She also refuses to
accept a promotion currently offered to her because she knows it would put her in contact with
men more frequently.

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V. CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF
42 U.S.C. 1983 Fourteenth Amendment Substantive Due Process
(Defendants Torres and Sheriff Johnson)
EXCESSIVE FORCE RAPE
59.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
60.

Defendants Torres and Sheriff Johnson were acting under color of state law at all

times relevant to this action.

61.

Defendant Torres used force against Ms. Hernandez by inserting his fingers into

her vagina for his sexual gratification without her consent.

62.

Defendant Torres rape of Ms. Hernandez was an excessive use of force, which

amounted to a punishment in violation of Ms. Hernandezs rights as a pretrial detainee.

63.

Defendant Torres used force against Ms. Hernandez while she was sleeping, when

no force was necessary.

64.

Defendant Torres sexual assault of Ms. Hernandez had no legitimate purpose.

65.

Defendant Torres purposefully and knowingly used force against Ms. Hernandez

that was objectively unreasonable in light of the circumstances.

66.

Defendant Sheriff Johnson was aware of the substantial risk of harm to Ms.

Hernandez from employing Defendant Torres with actual or constructive knowledge that
Defendant Torres sexually harassed and assaulted women in Otero County Jail.
67.

Defendant Sheriff Johnson made a conscious choice to allow lone male deputies,

including Defendant Torres, to monitor female inmates in the showers and overnight without a
video surveillance system capable of viewing the entirety of the womens cell.
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68.

Defendant Sheriff Johnson also failed to provide training to deputies regarding

sexual assault despite the fact that deputies were left unsupervised while guarding inmates of the
opposite sex, including while inmates were naked.
69.

Defendant Sheriff Johnson exhibited deliberate indifference to the substantial risk

of harm inflicted upon Ms. Hernandez and consciously disregarded this risk by failing to take
reasonable measures to protect her from sexual assault.
70.

The inadequate training and/or supervision provided by Defendant Sheriff

resulted from a conscious or deliberate choice to follow a course of action among various
alternatives available to him.
71.

The acts or omissions of each Defendant caused Ms. Hernandez damages in that

she suffered mental and emotional pain and injury as described above, from which she will likely
continue to suffer for the rest of her life.
SECOND CLAIM FOR RELIEF
42 U.S.C. 1983 Fourteenth Amendment Substantive Due Process
(Defendants Torres and Sheriff Johnson)
72.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
73.

Defendants Torres and Sheriff Johnson were acting under color of state law at all

times relevant to this action.

74.

By sexually assaulting Ms. Hernandez, Defendant Torres recklessly, with

conscious disregard to the serious and obvious risk to Ms. Hernandezs safety, and with
deliberate indifference, violated Ms. Hernandezs constitutionally protected rights, including her
right to bodily integrity.

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75.

By taking Ms. Hernandez into custody, and thereby assuming control over her and

depriving her of her liberty to care for herself, Defendant Sheriff Johnson created a special
relationship with Ms. Hernandez that required him to assume an affirmative duty of care and
protection with respect to Ms. Hernandez.
76.

Defendant Sheriff Johnson failed to protect Ms. Hernandez from sexual assault,

and created the danger that led to Defendant Torres sexually assaulting Ms. Hernandez.
77.

Ms. Hernandez and other women in Otero County Jail are members of a limited

group of individuals at serious risk of sexual assault by Defendant Torres and other deputies.
78.

Defendant Sheriff Johnson was aware of the substantial risk of harm to Ms.

Hernandez from employing Defendant Torres with actual or constructive knowledge that
Defendant Torres sexually harassed and assaulted women in Otero County Jail.
79.

Defendant Sheriff Johnson made a conscious choice to allow lone male deputies,

including Defendant Torres, to monitor female inmates in the showers and overnight without a
video surveillance system capable of viewing the entirety of the womens cell.
80.

Defendant Sheriff Johnson also failed to provide training to deputies regarding

sexual assault despite the fact that deputies were left unsupervised while guarding inmates of the
opposite sex, including while inmates were naked.
81.

The risk of Ms. Hernandez being sexually assaulted at the hands of Defendant

Torres as a result of Defendant Sheriff Johnsons policies, actions and inactions were obvious
and known.
82.

The conduct of Defendant Sheriff Johnson placed Ms. Hernandez at substantial

risk of serious, immediate, and proximate harm namely, sexual assault by deputies.

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83.

Defendant Sheriff Johnson acted recklessly and in conscious disregard of the

obvious risk that Defendant Torres would sexually assault a woman in Otero County Jail
custody.
84.

Defendant Sheriff Johnson exhibited deliberate indifference to the substantial risk

of harm inflicted upon Ms. Hernandez and consciously disregarded this risk by failing to take
reasonable measures to deal with it.
85.

The inadequate training and/or supervision provided by Defendant Sheriff

Johnson resulted from a conscious or deliberate choice to follow a course of action among
various alternatives available to them.
86.

This conduct is so grossly reckless that future misconduct was almost inevitable.

87.

When viewed in total, Defendants conduct shocks the conscience.

88.

The acts and/or omissions of each Defendant were the legal and proximate cause

of Ms. Hernandezs damages in that she suffered physical intrusion into bodily privacy and
integrity, humiliation, and mental and emotional pain and anguish.
89.

Such policies, as well as Defendants actions and inactions, violated Ms.

Hernandezs substantive due process rights under the Fourteenth Amendment to the United
States Constitution.
THIRD CLAIM FOR RELIEF
42 U.S.C. 1983 Fourth Amendment
Right to Privacy
(Defendants Torres and Sheriff Johnson)
90.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.

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91.

Defendants Torres and Sheriff Johnson were acting under color of state law in

their actions and inactions, which occurred at all times relevant to this action.
92.

Defendant Torres violated Ms. Hernandezs right to privacy by viewing private

nude pictures of her on her cell phone, showing these nude pictures to male inmates, and by
watching Ms. Hernandez undress and shower.
93.

There was no legitimate policy or goal to justify Defendant Torres invasion of

Ms. Hernandezs privacy.

94.

Defendant Sheriff Johnson disregarded the substantial risks of harm to Ms.

Hernandez by employing Defendant Torres with knowledge that Defendant Torres sexually
harassed and assaulted women in Otero County Jail.
95.

Defendant Sheriff Johnson had a policy of allowing male deputies to watch

female inmates overnight as they undressed and showered, and failed to train deputies regarding
how to protect the privacy of female inmates during these daily intimate activities.
96.

Defendant Sheriff Johnson had an unwritten policy of only allowing female

inmates to shower at night, while a lone male deputy watched them. As a result, every night that
Ms. Hernandez was incarcerated at Otero County Jail, a male deputy watched her undress and
shower.
97.

Defendant Sheriff Johnson also had a policy of leaving lone male deputies on

duty overnight with female inmates unsupervised, and, as a result, Defendant Torres was able to
view and circulate nude pictures of Ms. Hernandez.

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98.

The inadequate training and/or supervision provided by Defendant Sheriff

Johnson resulted from a conscious or deliberate choice to follow a course of action among
various alternatives available to him.
99.

The inadequacy of appropriate training and/or supervision is so likely to result in

the violation of constitutional rights, such as those described herein, that Defendant Sheriff
Johnson is liable for his failure to appropriately train and supervise deputies.
100.

This failure to train, supervise and discipline amounts to deliberate indifference to

the rights of women in Otero County Jail custody, including Ms. Hernandez, with whom
deputies come into contact, and over whom they exercise control.
101.

The conduct is so grossly reckless that future misconduct was virtually inevitable.

102.

The acts or omissions of Defendants were the legal and proximate cause of Ms.

Hernandezs damages in that she suffered a violation of her right to privacy, humiliation, and
mental and emotional pain and anguish.
FOURTH CLAIM FOR RELIEF
42 U.S.C. 1983 First Amendment
Retaliation
(Against Defendants Mora, Oates, Hughes and Sheriff Johnson)
103.

Plaintiff hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
104.

Defendants Mora, Oates and Hughes were acting under color of state law in their

actions and inactions, which occurred at all times relevant to this action.
105.

Ms. Hernandez engaged in the protected activity of petitioning the government

and engaging in free speech by complaining to jail authorities and reporting Defendant Torres
crimes to police officers.
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106.

Defendants Mora, Hughes and Oates were aware that Ms. Hernandez engaged in

this protected activity.

107.

Within days of her grievances, and just a day after her report to police, Defendant

Hughes forced Ms. Hernandez to take a sleeping pill during the day despite her protests.
108.

Defendant Hughes and her supervisor, Defendant Oates, also searched Ms.

Hernandezs cell and took her personal papers, brush and toilet paper, and refused to replace
them. Further, Defendants Oates and Mora knew that Defendant Hughes was acting in violation
of Ms. Hernandezs First Amendment rights by taking her personal items, but failed to take any
remedial action.
109.

Defendants Mora, Oates and Hughes also refused to remove a threatening and

erratic cellmate from Ms. Hernandezs cell for several days, even though she had previously
assaulted Ms. Hernandez.
110.

Defendants Mora, Oates and Hughes actions would have chilled a person of

ordinary firmness from continuing to engage in protected speech, including bringing her
complaints to jail authorities or the Court, and reporting crimes to police.
111.

Defendants Mora, Hughes and Oates took these retaliatory actions because they

were substantially motivated to retaliate against Ms. Hernandez for engaging in protected speech.
112.

None of Defendants Mora, Hughes or Oates actions were related to a legitimate

penal interest.
113.

Defendant Sheriff Johnson was aware that Ms. Hernandez was being retaliated

against for exercising her First Amendment rights, but failed to take any action to stop the
retaliation.

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114.

Defendant Sheriff Johnson also failed to provide training regarding inmates First

Amendment rights and unconstitutional retaliation by deputies and supervisors for the exercise of
those rights.
115.

The inadequate training and/or supervision provided by Defendant Sheriff

Johnson results from a conscious or deliberate choice to follow a course of action among various
alternatives available to them.
116.

The inadequacy of appropriate training and/or supervision is so likely to result in

the violation of constitutional rights, such as those described herein, that Defendant Sheriff
Johnson is liable for their failure to appropriately hire, train and/or supervise deputies.
117.

Defendants acted with malice and reckless indifference to Ms. Hernandezs First

Amendment rights.
118.

As a result of Defendants actions, Ms. Hernandez suffered a violation of her First

Amendment rights, humiliation, and mental and emotional pain and anguish.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her
favor and against Defendants, and grant:
(a)

Appropriate declaratory and other injunctive and/or equitable relief;

(b)

Compensatory and consequential damages, including damages for emotional

distress, humiliation, loss of enjoyment of life, and other pain and suffering on all
claims allowed by law in an amount to be determined at trial;

(c)

All economic losses on all claims allowed by law;

(d)

Punitive damages on all claims allowed by law and in an amount to be

determined at trial;

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(e)

Attorney fees and the costs associated with this action on all claims allowed by
law;

(f)

Pre- and post-judgment interest at the lawful rate; and

(g)

Any further relief that this court deems just and proper, and any other relief as
allowed by law.

PLAINTIFF REQUESTS A TRIAL TO A JURY ON ALL ISSUES SO TRIABLE.

Dated this 6th day of May, 2016.
KILLMER, LANE & NEWMAN, LLP
_s/_David A. Lane___________________
David A. Lane
Casey Rose Denson
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street, Suite 400
Denver, Colorado 80202
(303) 571-1000
dlane@kln-law.com
cdenson@kln-law.com
ATTORNEYS FOR PLAINTIFF

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