BM alleges he was deprived of his civil right under the US Constitution and the Colorado State Constitution, and in a Civil Suit filed last May, seeks $15M in damages, and the return of his seized property.
While BM's Complaint at more than 180 pages raised a multitude of grievances about how the investigation into SM's disappearance unfolded, IMO, the core of the Complaint is that the Arrest Affidavit was false and misleading.
Following BM's allegations, each of the defendants responded to the Complaint with Motions to Dismiss-- requesting the Court dismiss BM's
§1983 claims for failing to to state any plausible claims for constitutional violations, and that the defendants are entitled to qualified immunity.
In addition, several defendants also challenged the state-law claims because they are not “peace officer” under Colo. §13-21-131(1).
While the Court granted BM an extension to respond to the defendants Motions to Dismiss, and he's still working on them, as of today, BM has voluntarily dismissed his claims against the FBI Agents (Grusing and Harris), and Chaffee County Sheriff's Sergeant Hysjulien.
I'm not certain of the understanding here about BM Civil Suit. For clarification purposes, please find the the 13 claims he's made in support of his money grab:
V. STATEMENT OF CLAIMS FOR RELIEF
CLAIM ONE: 42 U.S.C. § 1983 and Bivens16 Malicious Prosecution and unlawful detention
Defendant Officers, Defendant Prosecutors, Defendant FBI Agents, and Defendants Cahill, Duge, Rogers, Graham, Koback, and Lewis
CLAIM TWO: 42 U.S.C. § 1983 Due Process and Bivens– Fabrication of Evidence
Defendants Walker, Cahill, Graham, Rohrich Defendant Prosecutors, Defendant FBI Agents
CLAIM THREE: 42 U.S.C. § 1983 Due Process and Bivens– Franks Claim
Defendants who authored the Arrest Affidavit Defendant Walker, Defendant Prosecutors Stanley and Lindsey, Defendant CBI Agent Cahill, Defendant Officers Rohrich, Spezze, and Graham, Defendant FBI Agents Grusing and Harris
CLAIM FOUR: 42 U.S.C. § 1983 and Bivens– Conspiracy
All Defendants
CLAIM FIVE: 42 U.S.C. § 1983– Due Process – Unlawful retention of property
Defendants Spezze, Stanley, Hurlbert, and the CCSD
CLAIM SIX: 42 U.S.C. § 1983 and Bivens– Failure to Intervene
All Defendants
CLAIM SEVEN: 42 U.S.C. § 1983 and Bivens– Reckless Investigation –
Defendants CCSD, Defendant Officers, Defendant CBI Agents Cahill, Duge, Rogers, Graham, Koback, Defendant FBI Agents, and Defendant Prosecutors
CLAIM EIGHT: 42 U.S.C. § 1983 – Monell- Final Policymakers, Ratification, Unconstitutional Official Policy and Failure to Supervise and Train
Against Chaffee County, Board of County Commissioners of Chaffee County, CCSD, Defendant Stanley acting in her official capacity, and Defendant Spezze acting in his official capacity
STATE LAW CLAIMS
CLAIM NINE: Malicious Prosecution (state law)Colo. Rev. Stat. § 13-21-131 – Violation of Colo. Const. Art. II, Section 7 (Unlawful Seizure), Section 25 (due process), Section 3 (inalienable rights).
Defendant Officers, Defendant Prosecutors, and Defendants Cahill, Duge, Rogers, Graham, Koback, and Lewis
CLAIM TEN: Fabrication of Evidence Colo. Rev. Stat. § 13-21-131 – Violation of Colo. Const. Art. II, Section 7 (Unlawful Seizure), Section 25 (due process), Section 3 (inalienable rights)
Defendants Officers, CBI Agents and Defendant Prosecutors
CLAIM ELEVEN: False and Misleading Information in an Arrest Warrant Affidavit and Omission and Concealment of Exculpatory Information (state law)
Colo. Rev. Stat. § 13-21-131 – Violation of Colo. Const. Art. II, Section 7 (Unlawful Seizure), Section 25 (due process), Section 3 (inalienable rights)
Defendant Walker, Defendant Prosecutors Stanley and Lindsey, Defendant CBI Agent Cahill, Defendant Officers Rohrich, Spezze, and Graham
CLAIM TWELVE: Conspiracy (state law) Colo. Rev. Stat. § 13-21-131 – Violation of Colo. Const. Art. II, Section 7 (Unlawful Seizure), Section 25 (due process), Section 3 (inalienable rights)
Defendants CCSD, Defendant Officers, Defendant CBI Agents, Defendant Prosecutors
CLAIM THIRTEEN: Unlawful deprivation of property (state law) Colo. Rev. Stat. § 13-21-131 – Violation of Colo. Const. Art. II, Section 7 (Unlawful Seizure), Section 25 (due process), Section 3 (inalienable rights)
Defendants Spezze, Stanley, Hurlbert, and the CCSD
VI. REQUEST FOR RELIEF
A. Compensatory and punitive damages, including damages for emotional distress, humiliation, loss of enjoyment of life, loss of future business earnings, and other pain and suffering on all claims allowed by law in the amounts detailed below or such greater amount as may be set by a jury;
B. Economic losses on all claims allowed by law in the amounts detailed below or such greater amount as may be set by a jury;
C. Special damages and/or injunctive relief, including but not limited to, requiring that the Chaffee County Sheriff’s Department have required training and oversight of the Sheriff and the Deputies and other personnel so as to prevent similar decisions being made in the future that results in the violations of individuals’ constitutional rights and conspiracies to do so;
D. Special damages and/or injunctive relief, including but not limited to, requiring that the Chaffee County Sheriff’s Department have required training and oversight of the Sheriff and the Deputies and other personnel so as to prevent similar decisions being made in the future that results in the violations of individuals’ constitutional rights and conspiracies to do so;
E. An order that CCSD, Chaffee County, EJDAO, and any other Defendant holding his property release his property to him forthwith;
F. Pre- and post-judgment interest at the lawful rate; and
G. Damages to date are estimated to be Fifteen Million ($15,000,000) to include all categories listed above.
H. Attorneys’ fees and the costs associated with this action, including expert witness fees, on all claims allowed by law;
I. Any further relief that this court deems just and proper, and any other appropriate relief at law and equity.
https://www.kktv.com/2023/05/02/barry-morphew-files-lawsuit-against-chaffee-county-officials-cbi-fbi-alleging-damages/?fbclid=IwAR21kZLtMeLuKqg6d6Fgcp-hfuenzHflzOASEaDqMQunQS6GzmOOw4VFCGo&mibextid=Zxz2cZ#lh768nl4deza2xayst Federal Complaint by BM - Pdf...
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ETA: remove
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