Prescott v. Valdez et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Charlotte N. Sweeney
Civil Action No. 1:21-cv-03252-CNS-SKC
JASON AARON PRESCOTT, individually and next friend of J.R.P. and J.E.P., minors,
Plaintiff,
v.
RICHARD VALDEZ, individually and in his official capacity as Sheriff of Archuleta County,
Colorado;
JAMES MARTINEZ, individually and in his official capacity as Deputy Sheriff of Archuleta
County, Colorado;
DEREK WOODMAN, individually and in his official capacity as Undersheriff of Archuleta
County, Colorado;
WARREN BROWN, individually and in his official capacity as Operations Commander in the
Archuleta Sheriff’s Office;
ROXANNE LATTIN, individually and in her official capacity as Deputy Sheriff in the Archuleta
County Sheriff’s Office:
HAYLEIGH BROWN, individually and in her official capacity as Deputy Sheriff in the Archuleta
County Sheriff’s Office;
PATRICK SMITH, individually and in his official capacity as a Detective in the Archuleta
County Sheriff’s Office;
CODY CIVILETTO, individually and in his official capacity as a Deputy Sheriff in the Archuleta
County Sheriff’s Office;
MICHAEL SINDELAR, individually and in his official capacity as a Deputy Sheriff in the
Archuleta County Sheriff’s Office;
BOARD OF COUNTY COMMISSIONERS ARCHULETA COUNTY COLORADO;
JOHN DOES 1-5, whose actual names are unknown as yet to the Plaintiff; and
JANE DOES 1-5, whose actual names are unknown as yet to Plaintiff,
Defendants.
ORDER ADOPTING MAGISTRATE JUDGE RECOMMENDATION
Case No. 1:21-cv-03252-CNS-SBP Document 23 filed 10/17/22 USDC Colorado
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Before the Court is the Order and Recommendation by Magistrate Judge Crews issued on
September 23, 2022 (ECF No. 19). For the following reasons, the Court AFFIRMS and ADOPTS
the Order and Recommendation.
The parties were advised that they had fourteen days, after being served with a copy of the
Order and Recommendation, to file written objections to obtain reconsideration by the District
Judge assigned to the case. See Fed. R. Civ. P. 72(b). Neither party has filed an objection to Judge
Crews’ Order and Recommendation.
Under 28 U.S.C. § 636(b)(1)(B), this Court may designate a magistrate judge to consider
dispositive motions and submit recommendations to the Court. When a magistrate judge submits
a recommendation, the Court must “determine de novo any part of the magistrate judge’s
[recommended] disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3). A party’s
failure to file such written objections may bar the party from a de novo determination by the
District Judge of the proposed findings and recommendations. Thomas v. Arn, 474 U.S. 140, 150
(1985). When this occurs, the Court is “accorded considerable discretion” and “may review a
magistrate’s report under any standard it deems appropriate.” Summers v. State of Utah, 927 F.2d
1165, 1167 (10th Cir. 1991) (citing Thomas, 474 U.S. at 150).
After reviewing all the relevant pleadings, the Court concludes that Judge Crews’ analysis
was thorough and comprehensive, the Order and Recommendation is well-reasoned, and the Court
finds no clear error on the face of the record. Accordingly, the Court AFFIRMS and ADOPTS
Judge Crews’ Order and Recommendation (ECF No. 19) as an Order of this Court. The Partial
Motion to Dismiss (ECF No. 7) is GRANTED. 	Plaintiff’s claims against the Board of County
Commissioners and Defendants Lattin, H. Brown, Smith and Civiletto are DISMISSED without
Case No. 1:21-cv-03252-CNS-SBP Document 23 filed 10/17/22 USDC Colorado
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prejudice. 	Plaintiff’s fourth claim for extreme and outrageous conduct is DISMISSED without
prejudice. The Court agrees with the Magistrate Judge’s determination that amending the
Complaint would not be futile (ECF No. 19 at 4). Plaintiff, should he choose to do so, shall file
an amended complaint on or before November 1, 2022.
DATED this 17th day of October 2022.
BY THE COURT:
___________________________________
Charlotte N. Sweeney
United States District Judge
Case No. 1:21-cv-03252-CNS-SBP Document 23 filed 10/17/22 USDC Colorado
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