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[Linda Arndt vs City of Boulder] Linda Arndt
Linda Arndt vs Thomas Koby and the City of Boulder
Complaint filed May 19, 1998

This is part of the "Complaint and Jury Demand" filed on
May 19, 1998 by Linda Arndt's attorneys:

LINDA ARNDT,
Plaintiff,
v.
THOMAS KOBY and the CITY OF BOULDER,
Defendants.

GENERAL ALLEGATIONS...

7. Detective Arndt has been employed by the City of Boulder's police department since March 1988...

9. From December 26, 1996 until May 1997, Detective Arndt was assigned to the investigation of the murder of JonBenet Ramsey...

11. Detective Arndt was the first police detective on the scene at the Ramsey house following the murder...

13. Among the statements about Detective Arndt that have appeared in one or more media publications are statements to the effect that:

(a) During her initial visit to the crime scene, Detective Arndt covered the victim's unclothed body with a sheet, disturbing physical evidence.

(b) During her initial visit to the crime scene, Detective Arndt noticed a flashlight but failed to collect it as evidence...

(e) ...Arndt permitted John Ramsey to leave the house...
(f) ...Arndt refused to allow the FBI to enter the house,
(g) ...Arndt gave a photocopy of the ransom note to the Ramseys...
(i) ...Arndt went on medical leave because of guilt over mishandling the Ramsey investigation

14. The purported facts above are not factual. Rather, each and every one of them is incorrect and false.

15. The publication and broadcast of such false statements has defamed Detective Arndt and sullied the reputation she has earned as a police officer and detective.

16. The publications and broadcasts have either stated or implied that Detective Arndt "bungled" the investigation in its early stages and is partly if not largely responsible for the problems that have plagued the investigation of the Ramsey murder.

17. The Boulder Police Department and Chief Koby in particular have been aware...that these statements about Detective Arndt were untrue and were creating an unfair and damaging public perception about Detective Arndt's role in the Ramsey investigation.

19. However, despite the knowledge that untrue and unfair commentary about Detective Arndt's role have been repeatedly published in the media, neither Chief Koby nor others under his charge have advised the media that these statements about Detective Arndt are untrue.

20. In June 1997, Detective Arndt met with the then second-in-command John Eller, and asked that he act to correct the public misconceptions about her role and to stand behind her publicly. He did not do so.

21. In October 1997, Detective Arndt, through legal counsel, sent a letter to Chief Koby requesting that he take action to correct the public record on Detective Arndt's behalf.

22. Chief Koby...indicated that he agreed that the statements being circulated about Detective Arndt were false and unjust. He agreed also that correcting the record publicly about these particular matters would not require disclosure of confidential information that would compromise the investigation.

23. However, Chief Koby indicated that he was not willing to go to the media and attempt to correct the record on these false statements about Detective Arndt's role...

26. Chief Koby made it clear that if Detective Arndt spoke to the media about the Ramsey investigation and thereby violated his policy, she would be subject to discipline...

34. Being held up in the public eye as someone who bungled the investigation and who committed the specific mistakes listed in this complaint has not only harmed Detective Arndt's well-earned reputation but has caused emotional distress.

FIRST CLAIM FOR RELIEF

(U.S. Constitution -- First Amendment)

36. By forbidding Detective Arndt from speaking out... defendants have violated Detective Arndt's right of free speech under the First Amendment...

37. Defendants' conduct involves reckless or callous indifference to Detective Arndt's constitutional rights...

39. Detective Arndt should also receive reasonable compensatory damages...

WHEREFORE, Detective Arndt respectfully requests a judgment declaring that the conduct of the defendants was unlawful; and rewarding reasonable compensatory damages...

Detective Arndt requests a jury trial on all issues and claims so triable.

Respectfully submitted,
Brooke Jackson
[et. al.]
Attorneys for Plaintiff

[IMAGE]


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