Recipients of Intent to Sue:

Contents of Intent to Sue:

RE: Notice of Intent to Sue Pursuant to C.R.S. @ 24-10-109

To All of the Foregoing:

Notice is hereby provided pursuant to C.R.S. @ 24-10-109 of pending claims against all the foregoing addressees.

My name is Franklin Perez. My address is.... Although I've consulted with an attorney, I am not represented by counsel.

The facts are as follows: On December 7, 1995, at approximately 5:50 p.m., I was driving northbound on I-25 at approximately the 58th Avenue exit when I was stopped by Colorado State Patrol Troopers [ Randy ] Rahne, [ Timothy ] McClinchy, and [ Gerald ] Lincoln. There also was an unidentified officer from the Denver Police Department.

The reason given for the stop was that the troopers suspected I was drunk. This suspicion was apparantly based on their observations that I was accelerating and decelerating while in rush hour traffic. The following events then occurred:

  1. The troopers ordered me to perform various roadside tests without informing me that I had a right to refuse. Because I was afraid, I did whatever the troopers told me to do. I was never advised that the tests were voluntary. I passed all the roadside tests and also passed a breathalyzer test. Nonetheless, I received a citation for careless driving.

  2. Trooper [ Timothy ] McClinchy told me to "shut up and cooperate."

  3. The troopers told me to open my mouth so they could look inside to see if I had any drugs inside my mouth.

  4. One trooper asked me three times whether I had smoked marijuana.

  5. One of the troopers, or the Denver police officer, went into my car without my permission and pulled my car registration and car insurance documents out of my glove compartment.

  6. I was also forced to wait in my car an additional 15 minutes while the traffic citation was prepared.

In short, the troopers harassed me because of my racial and ethnic heritage.

After these events, I submitted written complaints to Colonel Lonnie J. Westphal, Chief of the Colorado State Patrol, Captain Bob Parish, of the Colorado State Patrol and others. Captain Bob Parish sent me a written response completely absolving all the officers of any and all liability. I also notified the Denver Police Department that an unidentified officer, whom I believed to be a Denver police officer, participated in the harrassment. There may also be persons unknown to me who participated in the initial events or in the subsequent investigations, but, at this time, I do not know the full names and addresses of all city and police employees who may be liable.

My potential legal claims include, but are not limited to: assault; battery; personal injuries; violation of my civil rights including a violation of my right to privacy, unlawful search and seizure; outrageous conduct, malicious prosecution, false arrest, and false imprisonment. The precise amount of damages is not known, but I expect them to be in excess of $150,000.00.


Franklin Perez

Response Given by State of Colorado to my Intent to Sue
Back to Initial Complaint Letter Sent to Colorado State Patrol and Denver Police
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