Latest News 2010 July Woman Claims Wrongful Arrest Following Public Custody Dispute

Woman Claims Wrongful Arrest Following Public Custody Dispute

As reported by the Denver Post, Denver's City Council voted to pay Amy Shroff $175,000 for a wrongful arrest charge, while the city's police shrug off discipline for their deputies.

In 2006 Shroff brought photos of her ex-boyfriend to the Distract 3 police station that showed him visiting a bar, which is a violation of their child custody order. The scene escalated when Shroff's boyfriend, Greg Kruse, tried to prevent Shroff from entering the station by blocking her with his truck in the parking lot; now he was in violation of a second order, this one for restraint.

Shroff, upon entering the police station, sought out protection from the police. Instead, officer Frank Spellman put her in jail "as a protected party" and in violation of her own restraining order. Officer Spellman had mistakenly interpreted the restraining order to be reciprocal, and believed that Shroff was to have no contact with her ex-boyfriend as well. 

Even though Shroff's stepfather, Bill McAdam, repeatedly tried to explain that the restraining order wasn't reciprocal, that Kruse had episodes of choking and throwing her against walls, Officer Spellman wasn't swayed. The officer even threatened McAdams with arrest if he didn't "shut up".  Officer Spellman also allegedly told Shroff that he was tired of her making so many appearances at the police station.

After that, an injury that affected more than just Shroff alone occurred in the jail cell.  Shroff, mother of the 4-month old in the child custody case, was unable to nurse her child from her cell. Shroff had pled that a medical condition prevented her baby from drinking formula, but to no avail. Officer Spellman, as reported by Shroff, said that her baby "better start liking formula real quick".

While in the holding cell, and asking to be allowed to use a breast pump, Shroff contends that disrobing in front of a female cadet was so embarrassing that it felt like a strip search. Then, after being taken to the Denver City Jail, deputies ridiculed her when she asked to pump again to give a breast milk supply to her stepfather to feed the child. This time Shroff recalled being referred to as a "rich bitch" that thought she should get "special treatment" from the deputies.

Twenty-four hours later, when Shroff was allowed to pump again, the child had become ill and was unable to digest.

In a sworn testimony, a representative from the police department said that the restraining order strictly prohibited Krause from having contact with her, and Shroff should have been the one protected. Officer Spellman defended his actions by stating that Krause said Shroff was stalking him.

The Denver Department of Public Safety vowed to educate police personnel to the risks of retraining orders for inmates with special medical needs. Shroff's attorney, David Lane, claimed the idea was inadequate as restraining orders are plainly written. 

Lane also argued that Officer Spellman should be disciplined, especially once the council awarded Shroff compensation.  Lane preferred to state his ideas for change and education directly to city council but wasn't allowed to. 

This is the second time the city council has written checks instead of listening to Lane's suggestions for change.  In 2008 the city wrote a multi-million dollar check in the Emily Rice case. Rice had died from internal injuries while in a Denver jail.

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