Attorneys argue where to hear fired cop case |

Attorneys argue where to hear fired cop case

Attorneys on each side of a wrongful firing lawsuit filed against the city of Glenwood Springs now are arguing about where the case should be heard.

The plaintiff’s attorneys want the entire case, including pretrial motions, to be heard in Grand Junction. But attorneys for the defendant, the city of Glenwood Springs, want the pretrial motions heard in Denver, but agree that the trial should be held in Grand Junction.

The suit was filed by former Glenwood Springs policeman Jeffrey Lindsey, who says he was fired from the department on March 14 without just cause.

The law firm representing the city, Hall and Evans LLC out of Denver, has requested that all pretrial hearings take place in Denver for reasons of convenience and because there is no judge sitting in the Grand Junction division of the U.S. District Court.

Lindsey’s attorneys, Balcomb and Green of Glenwood Springs, want the whole proceeding to be moved to Grand Junction because most of the witnesses – including Glenwood Springs city manager Mike Copp, human resources director Sebrina Hoffmeister and Glenwood Springs police chief Terry Wilson – live and work in Glenwood Springs.

Also, they argue, Denver division of U.S. District Court draws jury pools from 24 counties, but those counties don’t include Garfield nor any surrounding counties.

No determination has yet been made on where the case will be heard.

The lawsuit was filed by Lindsey July 11. According to court documents, the Glenwood Springs Police Department fired him for actions during an arrest and inventory search on Feb. 16. According to court documents, Lindsey searched the car of a suspect in a crime and cut the spare tire open.

Lindsey was told he had violated the department’s search and seizure policy by cutting the tire to search it.

The lawsuit alleges the city failed to follow proper procedure in terminating Lindsey, refused to produce documents related to his termination and refused to allow Lindsey to depose witnesses testifying against him.

Lindsey is seeking compensatory damages – including lost wages and benefits, reinstatement to his position as a police officer, removal of all disciplinary items two years old and older from his personnel file, punitive damages and attorney fees.

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