Police Abuse is all over the news. Innocent people getting killed, abused, their rights not respected, and much more.
READ MY STORY!
83-Year-Old Senior Files Notice Of Claim for Pending Lawsuit asking for Minimal Damages of $500,000.00 Against Lafayette Colorado Police, the City of Lafayette Colorado, & Amber Bertis as an individual under Color Of Law on March 20, 2023.
For Alleged Police Misconduct, violation of Civil and Disabilities Rights and Elder Financial Abuse and Alleged Conspiracy.
On January 11, 2023 Jan Gaudina, an 83-year-old person with disabilities and other health problems was stopped while driving with his dogs to his home on Flagstaff Road outside of Boulder, Colorado by a Lafayette Police Officer and was told if he drove any further, he would be arrested, put in Handcuffs, and taken to jail.
Earlier that day Amber Bertis an animal control officer came by Jan Gaudina other home in a Mobile Home Park in Lafayette where he rents the lot and said she wanted to impound all his dogs which were 5 adults and three 9-week-old puppies. Jan Gaudina gave up the dogs for fear of being arrested. The dogs were taken to The Humane Society of Boulder County.
Jan Gaudina has been a breeder of Golden Retriever puppies for the last six years in Lafayette Colorado and tries to have two litters per year to supplement his Social Security income. Jan Gaudina had never had a problem with Animal Control until Amber Bertis transferred from Fort Collins to Lafayette about a year ago.
Jan Gaudina pet dogs which were Amber, who is 8, Rose age 6, Ginger age 2 ½ and her three 9-week-old puppies, Jasper age 5 the father of the puppies and Doc age 1. Two of the dogs were Jan Gaudina Service Dogs.
Bertis gave Jan Gaudina a ticket for animal Cruelty as an excuse to take the dogs.
Jan Gaudina had a license to buy and to sell puppies through PACFA the regulatory agency that regulates the industry in Colorado. His web site is www.lakeshoregoldens.com
The police violated Jan Gaudina rights under the ADA because they failed to reasonably accommodate his disability in the course of interactions with him and potential arrest by Detective J. Thompson when stopped on the way to his Boulder County home causing him to suffer greater injury, trauma, and indignity in that process.
A recent article in the Colorado Home Weekly said Lafayette Animal Control and the City Council last December talked about passing a law that would prohibit the selling of dogs and Cats in the city of Lafayette. As of this date there is no law yet but Jan Gaudina believes that the city had conspired by unlawfully taking his dogs in the hope that law would pass this year.
Jan Gaudina believe Amber Burtis over stepped her bounds by unlawfully taking his dogs to a shelter accusing him of animal cruelty. While at the shelter Rose gave birth to 8 puppies. Discovery in this case from the veterinarians at the humane society said the dogs and puppies were very healthy.
Jan Gaudina believes that the city dropped the animal cruelty charge because that they could not win that at trial.
The damage that has been done to Jan Gaudina as a result of this illegal impounded of his dogs for a 83 year old person cannot be reversed. Jan Gaudina was only allowed back three of the dogs and they were unlawfully fixed, which would take away any future income to him. In addition to paying for an attorney, Jan Gaudina needed to pay the animal shelter close to $9,000.00. Lost the income from the 11 puppies, and lost his two pet dogs Ginger and Doc whom he had wanted to breed.
Some of the attorneys I have talked to said “What the City Of Lafayette Colorado has done to you is criminal! They abused you financially, emotionally, and took away your ability to earn a living at age 83, and they even abused your dogs.”
The dogs were traumatized, taken from their home, was not able to get their human grade diet Jan Gaudina has used for 25 years, and the vets said that they needed to give the dogs medicine because they were so upset and confused.
Jan Gaudina has experienced physical pain, emotional pain, extraordinary trauma, humiliation, emotional distress and suffering and other damages as a result of the Lafayette Police and Amber Burtis unlawful conduct and violations of his civil rights. At age of 83 what little freedom and happiness he has enjoyed in his life as an elderly adult with declining health, on January 11, 2023, was recklessly and deliberately obliterated by the Lafayette Police Department and Amber Burtis.
Read Letter I sent to The Lafayette Police Department.
Police misconduct refers to any inappropriate or unlawful actions or behaviors by members of law enforcement agencies. It can involve a wide range of misconduct, including excessive use of force, racial profiling, corruption, sexual misconduct, harassment, false arrests, planting evidence, and other violations of the law or departmental policies.
Instances of police misconduct can erode public trust in law enforcement and have serious consequences for individuals and communities affected by such actions. It is essential to hold police officers accountable for their actions to maintain the integrity of the criminal justice system and ensure public safety.
Some measures taken to address police misconduct include:
Internal Affairs Investigations: Police departments often have internal affairs divisions responsible for investigating allegations of misconduct within their own ranks.
Independent Civilian Oversight: Independent oversight boards or commissions can be established to provide external scrutiny and oversight of police departments. These bodies are typically comprised of community members who review complaints and investigations.
Body Cameras and Dash Cameras: Equipping police officers with body cameras and dashboard cameras can help capture interactions between police and the public, providing an objective record of events and deterring misconduct.
Improved Training and Policies: Enhancing training programs for police officers, particularly in areas such as de-escalation techniques, cultural sensitivity, and community relations, can help prevent misconduct. Implementing clear policies and guidelines on the use of force and other areas of concern is also crucial.
Officer Accountability and Disciplinary Measures: Holding officers accountable for their actions is essential. This can involve disciplinary actions, such as suspension, termination, or criminal prosecution when misconduct is substantiated.
Community Engagement and Dialogue: Building trust between law enforcement agencies and the communities they serve is vital. Engaging in open and transparent dialogue, community meetings, and initiatives to foster positive relationships can help bridge the gap and address concerns.
Legal Reforms: Evaluating and reforming laws and regulations related to policing, such as qualified immunity, can be important in ensuring accountability and addressing systemic issues that contribute to misconduct.
It's worth noting that addressing police misconduct is an ongoing process, and various jurisdictions and communities may have different approaches and challenges in dealing with these issues. Efforts should be focused on systemic changes, training, oversight, and fostering a culture of accountability to minimize instances of misconduct and ensure public trust in law enforcement.
The Consequences of Police Brutality
A. Loss of Trust and Alienation
Community Distrust: Diminished faith in law enforcement, hindering crime prevention and cooperation.
Emotional and Psychological Impact: Trauma, fear, and anxiety experienced by victims and witnesses.
Social Division and Unrest: Heightened tensions between communities and police, leading to protests and civil unrest.
B. Disproportionate Impact on Marginalized Communities
Racial Disparities: African Americans and other minority groups face a disproportionate share of police brutality.
Intersectionality: The compounded impact on individuals at the intersections of race, gender, and other marginalized identities.
Generational Trauma: The long-lasting effects on communities, perpetuating a cycle of violence and mistrust.
C. Violation of Human Rights
Right to Life and Security: Excessive force infringing upon the fundamental right to life and personal safety.
Right to Equality: Racial profiling and discriminatory practices undermining the principle of equality before the law.
Right to Due Process: Unlawful arrests and detentions infringing upon individuals' rights to a fair legal process.
Strategies for Reform and Accountability
A. Police Reform Initiatives
Strengthening Oversight Mechanisms: Independent civilian oversight boards and transparency measures.
Improved Training and Education: Comprehensive training on de-escalation techniques, implicit bias, and cultural sensitivity.
Reevaluating Use-of-Force Policies: Establishing stricter guidelines and emphasizing non-lethal alternatives.
Community Policing and Engagement: Building trust, promoting dialogue, and involving communities in decision-making.
B. Accountability and Legal Reforms