Mesa County is being asked to pay at least $100,000 to woman who said her nude photos were passed among jailers when her husband was incarcerated there. Jessica Duran filed the claim against the county through a Denver attorney, Lonn Heymann, who didnt return calls.
The claim is required before a plaintiff can file a lawsuit against a government agency such as the sheriffs department or county.
Any suit against the county would be meritless, Sheriff Stan Hilkey said Tuesday.
Theres no suit filed, Hilkey said. In this case, its ridiculous. Thats probably about all I should say.
Jessica Duran alleges in the claim that her privacy and civil rights were violated and that county officials were negligent in the incident. She is claiming damages of more than $100,000 because of humiliation and emotional distress, according to the claim, which is pending before the Mesa County Commission.
Jessica Duran sent photographs of herself posing naked to her husband, who was an inmate in the Mesa County Jail. The mail was opened by jailers who distributed the photos without Mrs. Durans knowledge or permission, or that of her husband, the claim says.
The Durans complaint to the sheriffs Professional Standards and Training Division was substantiated in August, the claim says.
Jessica Duran did file a complaint, which resulted in an internal-affairs, or professional standards and training division, investigation that was completed and closed, said Heather Benjamin, sheriffs spokeswoman. The results are not public.
Opening inmates mail is standard procedure to prevent contraband from entering the jail, County Administrator Jon Peacock said.
Theres no reason to believe we did anything wrong here, he said.
The commission and sheriff have yet to discuss how to treat the claim, Hilkey said.