Defendant's Attorney: William Erik Lamphere

Description: Denver, Colorado personal injury civil rights lawyers represented Plaintiff, who sued Defendants in 1983 civil rights violation theories.


Plaintiff Estate of Chad Alexander Burnett (“the Estate”) brings this action under 42 U.S.C. § 1983 for alleged violations of Chad Burnett's civil rights under the U.S. Constitution and Americans with Disabilities Act (“ADA”) against Officer Joseph Daigle, Sergeant Michael Inazu, Officer Matthew Fleming, and Officer Caroline Barth (collectively, the “Officers”) individually and the City of Colorado Springs (collectively, “Defendants”).

Before the Court is Defendants' Motion to Dismiss (“Motion”) (ECF No. 33), the Estate's Response (ECF No. 41), and Defendants' Reply (ECF No. 42).

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On the day Chad Burnett died, the Colorado Springs Police Department (“CSPD”) responded to two phone calls alleging Burnett had threatened a neighbor with a knife. (ECF No. 29 ¶¶ 19-20.) By the time CSPD Officers Daigle and Fleming arrived, Burnett had returned to his home. (Id. ¶¶ 22-23.) Sergeant Inazu arrived 20 minutes later. (Id. ¶ 24.) Inazu and Fleming approached Burnett's front door and repeatedly asked him to come outside. (Id. ¶ 25.) Burnett refused. (Id.) Inazu and Fleming asked Burnett to exit his home approximately fifty times over the course of more than an hour and a half. (Id. ¶ 32.) Burnett continued to refuse to come outside. (Id. ¶ 33.) Burnett told the Officers to leave, and at one point called 911 demanding the Officers leave. (Id. ¶ 34.)

During this time, Burnett was suffering from a mental health crisis and was making nonsensical statements. (Id. ¶¶ 26-27.) Sergeant Inazu was familiar with

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Burnett and his mental illness. (Id. ¶ 26.) Despite this familiarity, neither Inazu nor any of the other Officers called CSPD's Crisis Intervention Team, which is specially trained to deescalate situations involving citizens experiencing mental health crises. (Id. ¶ 36.) Nor did the Officers seek a warrant to arrest Burnett. (Id. ¶ 35.) Instead, the Officers waited for Burnett to step outside. (Id. ¶¶ 37-38.) Once he did, the Officers began to speak with Burnett while he was near his front door. (Id. ¶¶ 37-38.) Burnett was unarmed and instructed the Officers to stay off his property. (Id. ¶ 37.)

During this conversation, Inazu, Fleming, and Daigle ran at Burnett in order to arrest him. (Id. ¶¶ 38-39.) Burnett ran back into his home and attempted to close the door, but Inazu, Fleming, and Daigle charged into the house after him. (Id. ¶¶ 40-42.) Inazu, Fleming, and Daigle tackled Burnett and physically restrained him. (Id. ¶ 40.) Officer Barth followed with her Taser drawn and, immediately upon entering Burnett's home, deployed her Taser. (Id. ¶¶ 48-51.) As Burnett was on his back, held down by Inazu, Fleming, and Daigle, Barth discharged her Taser two more times. (Id. ¶ 56.) After these additional Taser deployments, the Officers restrained Burnett in a prone position and placed their body weight on his back as they handcuffed him. (Id. ¶ 59.) As the Officers struggled to remove Burnett from his home, his breathing noticeably worsened. (Id.) While laying prone, Fleming placed his knee on Burnett's back, despite his difficulty breathing. (Id. ¶ 59.) Daigle and Barth also placed weight on Burnett's neck, shoulders, and back. (Id. ¶ 70.) Burnett remained lying prone in the entryway to his home while the Officers restrained his legs with “flex cuffs”; when non-defendant Officer Jacob Carrol arrived, he placed leg shackles on Burnett. (Id. ¶¶ 73, 85.)

Burnett laid motionless for minutes before the Officers noticed something had

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changed. (Id. ¶ 79.) Daigle checked and found Burnett's pulse but did not check whether Burnett was breathing. (Id. ¶ 83.) Daigle then placed a “spit sock” over Burnett's head. (Id. ¶ 84.) Daigle checked Burnett's pulse several more times, and the Officers noticed Burnett was not breathing. (Id. ¶¶ 87, 89, 93.) For the next several minutes, the Officers stood over Burnett's limp, unconscious body, and at one point speculated that Burnett might be “playing possum.” (Id. ¶¶ 88, 91.) Carrol indicated he was not concerned about Burnett's breathing so long as he had a “good, strong pulse” and his chest was visibly rising and falling. (Id. ¶ 92.) The Officers acknowledged they could not see Burnett's chest rise and fall, and his pulse was faint. (Id. ¶ 93.) The Officers did not remove the spit sock or move Burnett onto his back to facilitate his breathing. (Id. ¶ 97.) About eight minutes after Burnett stopped breathing, the Officers noticed and began CPR, but neither the Officers nor the emergency medical response team were able to resuscitate him. (Id. ¶¶ 96, 102.)

Burnett died in the entryway of his home. (Id. ¶ 103.)...

Outcome: Motion denied.

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