This case was last updated from U.S. District Courts on 05/14/2022 at 09:24:11 (UTC).

Elias v. Loveland, City of et al

Case Summary

On March 30, 2022, Harris Elias (“Plaintiff”), self-represented filed a civil rights lawsuit against City of Loveland (“LPL”), Loveland Police Officer William Gates (“Officer Gates”), and Loveland Police Sergeant Antolina Hill (“Sergeant Hill”) (together, “Defendants”), represented by Jonathan Marshall Abramson and Yulia Nikolaevskaya of Kissinger & Fellman, P.C., seeking declaratory and injunctive relief with damages for the alleged violations of Plaintiff’s rights guaranteed by the Fourth and Fourteenth Amendments to the Constitution of the United States and Article II, Section 7 of the Colorado Constitution. This case was filed in the U.S. District Court in the District of Colorado with Judges Lewis T. Babcock and Nina Y. Wang presiding.

In the complaint Plaintiff alleged that, “The Loveland Police Department loves to brag about its DUI arrest numbers. They constantly point to their high DUI arrest statistics as proof that they need more funding, more officers, and more equipment. They are then, in fact, able to get more funding, more officers, and more equipment, as a result. As it happens, this is a scam. They have been padding their DUI arrest numbers by arresting and wrongfully charging innocent people with this horrific crime.”

Plaintiff further alleged that, “Loveland’s reckless pursuit of awards, money, and accolades for having the highest DUI arrest numbers has resulted in a culture at the department where it is an accepted pattern and practice to wrongfully arrest innocent citizens and charge them with DUIs. Harris Elias is one of the many victims of Loveland’s corrupt and self-serving scheme.”

Plaintiff also alleged that, “Plaintiff brings this civil rights action pursuant to § 13-21-131, C.R.S. and 42 U.S.C. § 1983 and 1988 for various forms of relief, to include compensatory damages and attorneys fees, stemming from Defendants’ violations of Plaintiff’s rights guaranteed by the Fourth and Fourteenth Amendments to the Constitution of the United States and Article II, Section 7 of the Colorado Constitution.”

There are three claims for relief laid down by Plaintiff. The first claim deals with the alleged unlawful arrest without probable cause and failure-to-supervise/train along with the alleged violation of due process under the Fourth Amendment. Gates allegedly caused Plaintiff to be arrested without probable cause or a warrant, and his false statements in his report caused Plaintiff to be wrongly subjected to criminal prosecution.

The Second claim deals with the alleged arrest without probable cause in violation of the Colorado Constitution, Article II, Section 7 because Gates’s alleged wrongful arrest and humiliation of Mr. Elias caused him to experience extraordinary stress, expense, depression, terror and anxiety.

The last claim deals with the alleged malicious prosecution of the due process violations under the Fourth Amendment, because Gates allegedly caused the criminal prosecution against Mr. Elias by falsifying and deliberately exaggerating the facts in his report in an effort to make it more likely to appear there had been probable cause for Mr. Elias’s arrest, and allegedly provided those documents to the District Attorney.

In the prayer for relief Plaintiff has requested the court for declaratory and injunctive relief, actual economic damages, compensatory damages including but not limited to those for past and future pecuniary and non-pecuniary losses and physical and mental pain. Plaintiff requested the issuance of an Order mandating appropriate equitable relief, including issuance of a formal written apology from each Defendant to Plaintiff, imposition of disciplinary action against appropriate employees of Loveland with pre- and post-judgement interest at the highest lawful rate.

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Case Details Parties Documents Dockets

Case Details

Case Number:
1:22-CV-00644

Filing Date:
03/15/2022

Case Status:
Pending - Other Pending

Case Type:

Civil Right - Other Civil Right

Court:
U.S. District Courts

Courthouse:
Colorado District Court

Judge Details

Presiding Judge

Regina M. Rodriguez

Referral Judge

Nina Y. Wang

Party Details

Plaintiff

Harris Elias

Defendants

Loveland, City of

William Gates

Antolina Hill

Attorney/Law Firm Details

Plaintiff Attorney

Sarah Jay Schielke

Attorney at Life & Liberty Law Office

1209 Cleveland Avenue

Loveland, CO 80537

Defendant Attorneys

Yulia Nikolaevskaya

Attorney at Kissinger & Fellman, P.C.

3773 Cherry Creek North Drive, Ptarmigan Place

Denver, CO 80209

Jonathan Marshall Abramson

Attorney at Kissinger & Fellman, P.C.

3773 Cherry Creek North Drive, Ptarmigan Place

Denver, CO 80209

Court Documents

#18

(#18) CONSENT to Jurisdiction of Magistrate Judge by Defendants William Gates, Antolina Hill, Loveland, City of All parties do not consent.. (Abramson, Jonathan) (Entered: 05/04/2022)

#16

(#16) Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #12 Amended Complaint by Defendants William Gates, Loveland, City of. (Abramson, Jonathan) (Entered: 04/11/2022)

#15

(#15) WAIVER OF SERVICE Returned Executed by Harris Elias. Antolina Hill waiver sent on 3/31/2022, answer due 5/30/2022. (Schielke, Sarah) (Entered: 04/04/2022)

14 #1

Exhibit Amended Complaint with Redlined Changes

14 #14

Main Document

#12

(#12) AMENDED COMPLAINT and Jury Demand (filed with consent) against All Defendants, filed by Harris Elias.(Schielke, Sarah) (Entered: 03/31/2022)

#11

(#11) NOTICE of Entry of Appearance by Sarah Jay Schielke on behalf of Harris EliasAttorney Sarah Jay Schielke added to party Harris Elias(pty:pla) (Schielke, Sarah) (Entered: 03/22/2022)

(#6) Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) (Entered: 03/15/2022)

(#5) COMPLAINT and JURY DEMAND against William Gates, Loveland, City of, filed by Harris Elias.(norlin, ) (Entered: 03/15/2022)

(#2) NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of William Gates, Loveland, City ofAttorney Yulia Nikolaevskaya added to party William Gates(pty:dft), Attorney Yulia Nikolaevskaya added to party Loveland, City of(pty:dft) (Nikolaevskaya, Yulia) (Entered: 03/15/2022)

1 #7

Civil Cover Sheet

1 #6

Exhibit 6-State Court Register of Actions

1 #5

Exhibit 5-State Court Case Status Order

1 #4

Exhibit 4-Waiver of Service-Gates

1 #3

Exhibit 3-Waiver of Service-City

1 #2

Exhibit 2-State Court Civil Cover Sheet

1 #1

Exhibit 1-Complaint