IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Case No.
THE ESTATE OF ANGEL PLACE, represented by Shane Place,
Personal Representative (pending),
Plaintiff,
v.
JOYCE ANDERSON, in her individual and official capacity,
JACQUE BERRY, in her individual and official capacity,
JONI BEDELL, in her individual and official capacity,
CRYSTAL STEWART, in her individual and official capacity.

Defendants.

COMPLAINT AND JURY DEMAND

The Estate of Angel Place, represented by Shane Place, Personal Representative, by and
through his attorneys of record, KILLIAN DAVIS Richter & Mayle, PC, hereby submits this
Complaint, and in support thereof states as follows:
PARTIES
1.

At all times relevant to this Complaint, Plaintiff Angel Place (Angel) was a

minor child, a citizen of the United States of America, and a resident of the State Colorado.
2.

On September 9, 2016, Shane Place applied to be appointed the Personal

Representative of the Estate of Angel Place. His application is currently pending.

3.

At all times relevant to the Complaint, Defendant Joyce Anderson (hereinafter

Anderson) was a citizen of the United States of American and a resident of the State of

Colorado and was acting under color of state law in her capacity as a Placement Resource
Manager employed by the Mesa County Department of Human Services (MCDHS).
4.

At all times relevant to the Complaint, Defendant Jacque Berry (hereinafter

Berry) was a citizen of the United States of American and a resident of the State of Colorado
and was acting under color of state law in her capacity as a Senior Case Manager employed by
MCDHS.
5.

At all times relevant to the Complaint, Defendant Joni Bedell (hereinafter

Bedell) was a citizen of the United States of American and a resident of the State of Colorado
and was acting under color of state law in her capacity as a SAFE Supervisor employed by
MCDHS.
6.

At all times relevant to the Complaint, Defendant Crystal Stewart (hereinafter

Stewart) was a citizen of the United States of American and a resident of the State of Colorado
and was acting under color of state law in her capacity as a Case Manager employed by
MCDHS.
JURISDICTION AND VENUE
7.

This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331 and

1343(a)(3), and this case is brought pursuant to 42 US.C. 1983. Jurisdiction for Plaintiffs
claims for attorney fees is conferred and brought pursuant to 42 US.C. 1988.
FACTUAL BACKGROUND
8.

Angel Place, pictured below, was born on October 6, 2013. Her biological

parents are Theodore Place and Tierra Bond.

9.

Angel lived with her biological parents until November of 2013, when she was

removed by employees of MSDHS.

10.

Angel was then placed into the foster care home of Misty Blackwell.

11.

By all accounts, Angel was happy and thriving at the Blackwell house. Case

manager Stewart observed that Angel was attached to Blackwell and looked to her as a safe base.
12.

Angel had attended all of her well child checkups and was healthy and

developmentally on track.
13.

Blackwell wanted to adopt Angel, but MCDHS preferred that Angel be placed

into the household of one of the biological parents relatives.

14.

In the fall of 2013, MCDHS employees began looking for relatives of the

biological parents who were interested in adopting Angel.

15.

MCDHS identified Randy Bond (hereinafter Bond) and Sydney White

(hereinafter White) as potential foster parents. Bond is the brother of Angels biological
mother, Tierra Bond.
16.

On December 30, 2013, Bond called MCDHS and stated that he and White would

like to become Angels foster parents.

Andersons and Bedells Investigation of Sydney White
17.

On February 19, 2014, MCDHS received an application from Randy Bond and

Sydney White to be Angels foster parents.

18.

At the time, White was 19 years old and Randy Bond was 21 years old.

19.

White and Bond were not formally married but had considered themselves to be

married by common law.

20.

White and Bond had two young children together at the time of their application

to become Angels foster parents. Their oldest child was 2 years old and the youngest child was
6 months old at the time.
21.

From February to March of 2014, Anderson of MCDHS conducted interviews

with Bond and White in connection with their application to become Angels foster parents.
22.

Andersons interviews and investigation of White should have alerted Anderson

and other employees at MCDHS that White was not suitable to be a foster parent to Angel and
that by placing Angel in Whites house Angel was in an obvious and substantial risk of serious
and immediate physical and psychological harm.
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23.

Andersons interviews revealed that White had an unstable childhood with a

history of physical and emotional abuse by her parents.

24.

White told Anderson that as a child, Whites family frequently moved around.

White lived in Grand Junction, Colorado until she was four. Then her family moved to Utah
where she lived until age six. From ages six to seven White lived with her family in Alabama,
and then at age seven they moved again to North Carolina. Eventually, Whites parents divorced
and White and her mother moved back to Grand Junction when White was nine.
25.

White told Anderson that prior to Whites parents separation, White suffered

from an abusive relationship with her father. Her father would give her a hard time and spit in
her face.
26.

White told Anderson that when White moved back to Grand Junction with her

mother, their relationship deteriorated. Whites mother was diagnosed with depression and
anxiety and that made life with her difficult. Whites mother began to emotionally and
physically abuse White at the age of nine.
27.

White told Anderson that on one occasion, her mother pinned White to a counter

and held her down with her knee. White was forced to call the police for help.
28.

White told Anderson that on another occasion, Whites mother grabbed her by the

hair and hit her in the face. At the time, White was pregnant with her oldest son.
29.

White told Anderson that White was frequently left alone by her mother at a

young age while her mother went out with men.

30.

White told Anderson that due to Whites rocky relationship with her mother,

White would leave her mother for periods of time and stay with other adults, sometimes up to
three months at a time.
31.

White told Anderson that she was involved in sexual activity at a young age. She

first started having sex at the age of 11 and was involved with Bond by the time she was 16.
32.

White admitted to Anderson that she needed therapy to help her deal with her

troubled childhood and help her to avoid the parenting mistakes of her mother.
33.

White exhibited several well-known risk factors for shaken baby syndrome and

child abuse.
34.

These risk factors include: Whites young age, especially given that state policy

warns against placement with a prospective foster parent who is under age 21; low level of
education; prior history of abuse; prior history of neglect; unstable family history; recognition
that she needed mental health counseling to avoid the parenting mistakes made by her mother;
family stress factors, including having two-year old and 6 month old biological children; and a
family history of having a mother with depression.
Anderson and Bedell Approve White and Bond as Foster Parents
35.

Despite these obvious risks, Anderson and Bedell approved placement of Angel

into the Bond and White household.

36.

On April 3, 2014, the Structured Analysis Family Evaluation (SAFE) home

study of White and Bond was completed and later approved by Anderson and Bedell.
37.

On July 9, 2014, a certification of Kinship Home was issued.

38.

Typically individuals under the age of 21 are not permitted to become foster

parents. But on July 17, 2014, MCDHS approved a Non-Safety Certification Standard Waiver to
allow White to become a foster parent at the age of 20.
Former Foster Mother Reports Suspected Abuse By White and Bond
39.

In the spring and early summer of 2014, Angel started splitting her time between

the Blackwell house and the Bond/White house.

40.

At this time, Stewart was Angels Case Manager.

41.

Jacque Berry was the Senior Case Manager assigned to Angels case and was

Stewarts supervisor.
42.

Blackwell would frequently observe signs of child abuse and neglect when Angel

returned from the Bond/White house.

43.

For example, on one occasion, Blackwell observed that Angel was sunburnt after

a meeting with White.

44.

On another occasion, Blackwell observed that blood that ran from the back of

Angels ear to the back of her neck. The blood came from a skin rash on the back of Angels
head behind her ear. White refused to apply medication to the affected area because it was
provided to her by Blackwell.
45.

When Angel was with Blackwell, Angel was generally a happy and healthy baby.

But when Angel returned from visits with White, she appeared lethargic and appeared to be
suffering from separation anxiety.
46.

Angel would frequently return from the Bond/White household dirty and hungry.

47.

Blackwell reported to Stewart and Berry these instances of suspected abuse and

neglect by White and Bond.

48.

Stewart and Berry refused to investigate Blackwells reports of child abuse and

neglect.
49.

On July 3, 2014, Angel returned to Blackwell from a visit with White.

50.

Blackwell observed that Angel had a mark below her right eye and she suspected

that Bond or White was abusing Angel.

51.

On the night of July 3, 2014, Blackwell, concerned for Angels wellbeing,

contacted the DeBeque Marshals Department to report the suspected abuse. The Marshals
office relayed Blackwells concerns to the Grand Junction Police Department.
52.

Blackwell also reported the incident to Stewart and Berry.

53.

Stewart denied seeing a scratch on Angel during the handoff from White to Bond

on July 3.
54.

At the time, Stewart was out of the office for the Fourth of July holiday and did

not observe Angel prior to the handoff to Blackwell.

55.

Based on Stewarts statement, the Grand Junction Police Department concluded

that there was no probable cause to support a criminal charge.

56.

Neither Stewart nor Berry conducted any further investigation regarding

Blackwells allegation of abuse.

57.

Ignoring Blackwells claims of abuse and neglect, Stewart, Berry, Anderson, and

Bedell continued to push for Bond and White to become Angels foster parents.

MCDHS Places Angel in Whites Household Full Time

58.

Despite the allegations of abuse and the known risks of placing Angel in Whites

custody, MCDHS placed Angel in the Bond/White house full time on July 11, 2014.
59.

While living at the Bond/White house, Angel spent most of her days with White

and the two other children.

60.

Bond worked full time and was gone most of the day. White was a stay-at-home

mother.
61.

On August 20, 2014, Stewart conducted a home visit and White conveyed to her

that Angel was throwing fits for attention, liked to be held a lot, and had mad mood swings.
These are well-recognized risk factors for abusive head trauma, which were ignored by Stewart
and Berry.
62.

Although Angel was happy and thriving in the Blackwell household, by August

26, 2014, Stewart noted that Angels development was delayed and that she was failing to meet
developmental milestones.
63.

Angel was not crawling and pulling herself as would be expected for a child of

her age.
64.

A babys failure to thrive is a risk factor that places the child at a higher risk for

physical abuse. Stewart and Berry ignored this common risk factor of child abuse.
White Abuses and Kills Angel
65.

On Friday, September 12, 2014, White was attending to Angel and her other

children when she dropped Angel on the floor. White later claimed that she had dropped Angel
accidentally. Angel sustained a cut to her lip and a bloody nose.
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66.

A few days later, on September 15, 2014, Angel would not stop screaming.

White was alone with Angel and her two other young children. White was overwhelmed and
became frustrated.
67.

White picked Angel up by her neck and started to violently shake her.

68.

Whites child came into the room, observed White shaking Angel, and said,

Mommy stop it.

69.

White eventually stopped shaking Angel and then held her down for a while.

70.

By this point Angel had become lethargic and unresponsive, and her right side

had become stiff.

71.

Later that night, White took Angel to St. Marys Hospital in Grand Junction,

Colorado. X-rays and CT scans of Angels head revealed that Angel had multiple fractures to
her skull.
72.

Angel was then transferred by Flight for Life to Childrens Hospital in Aurora

where she was diagnosed with bilateral subdural bleeding in her head with limited blood flow to
the right side of her head. She was on a breathing tube and not expected to live.
73.

On September 17, 2014, Angel was removed from life support in Childrens

Hospital. She died later that day at the age of 11 months old.
74.

Following her death, Mesa County Coroner Dr. Dean Havlik conducted an

autopsy.
75.

During the autopsy, he noted a dark bruise on Angels forearm and a large bruise

was observed on Angels right temple above her hair line. He also saw signs of bleeding under
Angels skin and above her skull.
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76.

Angel had evidence of extensive internal bleeding and had evidence of fingernail

marks on the left and right side of her neck.

77.

Dr. Havlik concluded that Angel died of blunt force trauma to her head and

determined that the manner of death was homicide.

78.

White was arrested on September 22, 2014, and later charged with first-degree

murder and child abuse.

79.

White pled guilty to child abuse resulting in death and tampering physical

evidence and was sentenced to 30 years in the Colorado Department of Corrections.

FIRST CLAIM FOR RELIEF
( 1983 14th Amendment Substantive Due Process Violation Special Relationship Liability DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989))
(Against All Defendants)
80.

Place hereby incorporates all other paragraphs of this Amended Complaint as if fully

set forth herein.

81.

Defendants, at all relevant times hereto, were acting under the color of state law.

82.

At all relevant times to this Complaint, Angel had a clearly established constitutional

right under the Fourteenth Amendment to the United States Constitution not to be deprived of her
liberty without due process of law, which encompassed her right to be reasonably safe from harm in
foster care.
83.

Any reasonable caseworker or supervisor knew or should have known of this clearly

established right at all times relevant to this Complaint.

84.

Defendants actions and inactions, as described herein, deprived Angel of her

constitutional right to be free from deprivations of liberty without due process of law.

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85.

Angel had a special relationship with Defendants, in that she was a ward of the state

while in the physical custody of White. That special relationship triggered an affirmative duty to
protect Angel on the parts of Defendants.
86.

Defendants breached their affirmative duty to protect Angel by placing and keeping

her in the custody of White in such a way that demonstrates an affirmative decision by Defendants to
turn a blind eye to the obvious signs of abuse and a failure of Defendants professional judgment,
which caused Angel severe physical and mental harm from White.
87.

Defendants affirmatively decided to turn a blind eye to the obvious signs that White

was unsuitable to be a foster parent and that she physically abused Angel. Defendants failed to
exercise professional judgment by their actions described above, including but not limited to: failing
to conduct a proper investigation into Blackwells reports that Angel was physically abused; ignoring
obvious signs that White was incapable of caring for Angel and that White presented a danger to
Angel; overlooking Whites history of physical and emotional abuse, for which she admitted she
needed professional treatment; allowing White to be Angels foster parent even though she was
under the age of 21 and had two young children of her own; and, failing to intervene in August of
2014, when it should have been clear that Place was overwhelmed and unqualified to care for Angel
and her own young children. These actions or inactions substantially departed from accepted
professional judgment, practice, or standards and created the conditions that allowed for the abuse of
Angel.
88.

Defendants conduct, as described herein, when viewed in total, shocks the

conscience.
89.

Defendants engaged in the actions described herein intentionally, willfully, and

wantonly.

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90.

The acts and omissions of Defendants caused Angel damages in that she suffered

extreme physical pain and death, and thus Defendants deprived her of her substantive due process
rights and created the conditions that allowed White to violently abuse and kill Angel.
91.

Defendants acts or omissions were the legal and proximate cause of Angels

damages.

SECOND CLAIM FOR RELIEF

( 1983 14th Amendment Substantive Due Process Violation State-Created Danger Liability
- Armijo v. Wagon Mound Pub. Sch., 159 F.3d 1253 (10th Cir. 1998))
(Against All Defendants)
92.

Angel hereby incorporates all other paragraphs of this Complaint as if fully set forth

93.

Defendants, at all relevant times hereto, were acting under the color of state law in

herein.

their capacities as employees of MCDHS.

94.

At all relevant times to this Complaint, Angel had a clearly established constitutional

right under the Fourteenth Amendment to the United States Constitution not to be deprived of liberty
without due process of law, which encompassed her right to be reasonably safe from harm in foster
care.
95.

Any reasonable caseworker or supervisor knew or should have known of this clearly

established right at all times relevant to this Complaint.

96.

Defendants actions and inactions, as described herein, deprived Angel of her right

not to be deprived of liberty without due process of law, which encompassed her right to be
reasonably safe from harm in foster care.
97.

Defendants actions and inactions, as described herein, affirmatively created a danger

of violence and death by Sydney White.

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98.

Angel was a member of two limited and specifically definable groups, namely, (1)

children in state custody and (2) children who were the subject of both obvious signs and reports of
child abuse.
99.

Defendants actions and inactions, as described herein, affirmatively put Angel at

substantial risk of serious, immediate, and proximate harm.

100.

Defendants conduct, as described herein, created a substantial risk of serious,

immediate, and proximate harm to Angel that was obvious and known.
101.

When Defendants engaged in the conduct described herein, they acted recklessly and

in conscious disregard of that risk.

102.

Defendants conduct, as described herein, when viewed in total, shocks the

conscience.
103.

Defendants engaged in these actions described herein intentionally, willfully, and

wantonly.
104.

The acts and omissions of all Defendants caused Angel damages in that she suffered

extreme physical pain and death, and thus Defendants deprived her of her substantive due process
rights and created the circumstances that allowed White to violently abuse and kill her.
105.

Defendants acts or omissions were the legal and proximate cause of Angels

damages.

THIRD CLAIM FOR RELIEF

(Federal Adoption Assistance and Child Welfare Act of 1980 - Yvonne L., By & Through
Lewis v. New Mexico Dep't of Human Servs., 959 F.2d 883 (10th Cir. 1992))
(Against all Defendants)
106.

Angel hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
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107.

As a result of the foregoing actions and inactions of Defendants, Angel was

deprived of the rights conferred upon her by the Federal Adoption Assistance and Child Welfare
Act of 1980 and the State plan approved and adopted as a condition of Colorado receiving
federal funding under the Act. These rights include but are not limited to the right to placement
in foster homes that conform to nationally recommended professional standards; the right to
regular judicial and administrative review of foster care placements; and the right to receive
services in a child welfare system with an adequate information system to permit decision
makers to make fully informed choices in the a foster childs best interests.
108.

The acts and omissions of all Defendants caused Angel damages in that she suffered

extreme physical pain and death, and thus Defendants deprived her of her substantive due process
rights and created the circumstances that allowed White to violently abuse and kill her.
109.

Defendants acts or omissions were the legal and proximate cause of Angels

damages.

FOURTH CLAIM FOR RELIEF

(Child Abuse Prevention and Treatment Act)
(Against all Defendants)
110.

Angel hereby incorporates all other paragraphs of this Complaint as if fully set

forth herein.
111.

As a result of the foregoing actions and inactions of Defendants, Angel was

deprived of the rights conferred by the Child Abuse Prevention and Treatment Act, 42 United
States Code Chapter 67. These rights include but are not limited to prompt and professional
investigations of allegations of abuse and neglect; the right to protection from those who
endanger a childs health and welfare; and the right to such administrative procedures, trained
15

and qualified personnel, programs, and facilities as are necessary to address the problems of
child abuse in Mesa County, Colorado.
112.

The acts and omissions of all Defendants caused Angel damages in that she

suffered extreme physical pain and death, and thus Defendants deprived her of her substantive
due process rights and created the circumstances that allowed White to violently abuse and kill
her.
113.

Defendants acts or omissions were the legal and proximate cause of Angels

damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor
and against each of the Defendants, and award her all relief allowed by law, including but not
limited to the following:

(a) Appropriate relief at law and equity;

(b) Declaratory relief and other appropriate equitable relief;
(c) Economic losses on all claims as allowed by law;
(d) Compensatory and consequential damages, including damages for emotional
distress, humiliation, loss of enjoyment of life, loss of companionship and
association with family members, and other pain and suffering on all claims
allowed by law in an amount to be determined at trial;
(e) Punitive damages on all claims allowed by law and in an amount to be determined
at trial;
(f) Attorneys fees and the costs associated with this action, including expert witness
fees, on all claims allowed by law;
(g) Pre- and post-judgment interest at the appropriate lawful rate;
16

(h) Any further relief that this court deems just and proper, and any other relief as
allowed by law.
JURY DEMAND
Plaintiff requests a jury hereby demands a jury on all issues so triable pursuant to Fed. R.
Civ. P. 38.
RESPECTFULLY SUBMITTED this 9th day of August, 2016.

s/ J. Keith Killian
J. Keith Killian, Bar No. 9042
Joseph H. Azbell, Bar No. 44586
KILLIAN, DAVIS, Richter & Mayle, PC
202 North Seventh Street
Grand Junction, CO 81501
Telephone: (970) 241-0707
FAX: (970) 242-8375
E-mail: keith@killianlaw.com;
joe@killianlaw.com
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 9th day of September, 2016, I electronically filed the
foregoing with the Clerk of Court using the CM/ECF system, which will send notification of
such filing to the following e-mail addresses:
Clerk of the Court
United States District Court for the District of Colorado
Alfred A. Arraj United States Courthouse
Room A105
901 19th Street
Denver, CO 80294

and, I hereby certify that I have mailed or served the document or paper to the following non
CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participants
name:
Theodore Place
2914 Formay Ave.
Grand Junction, CO 81504

Via USPS

_/s/ J. Keith Killian______

J. Keith Killian
Attorney for Plaintiffs
KILLIAN DAVIS Richter & Mayle, PC
202 North Seventh Street
Grand Junction, CO 81501
Telephone: (970) 241-0707
Fax: (970) 242-8375
E-mail: keith@killianlaw.com;
joe@killianlaw.com

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