Professional Documents
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MARK J. GERAGOS
SBN 108325
DAVID W. GAMMILL SBN 258286
Attorneys for Putative Plaintiffs Kali Orff and Michelle Kristol
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GERAGOS&GERAGOS, APC
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Putative Plaintiffs,
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adv.
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Putative Defendants.
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-1CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910
STATEMENT OF CLAIM
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Detective Kali Orff was the victim of sexual assault that was investigated by Imperial
Police.
Imperial Police, Chief Colon. Despite securing a confession, Chief Colon has refused to
submit the sexual assault investigation to the District Attorneys Office. Instead, Chief
Colon has made repeated harassing phone calls to Detective Orffs commanding officers,
suggesting she is to blame for the assault and unfit for duty.
Since that awful night, she has been repeatedly re-victimized by the Chief of
Detective Orff and her wife Detective Michelle Kristol, bring this Notice of Claim
pursuant to California Government Code Section 910 against the City of Imperial, Imperial
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Police Department, and Imperial Police Chief Miguel Colon, for Violation of Marsys Rights
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FACTS
Kali Orff is a detective with the Brawley Police Department. Her wife, Michelle
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Kristol, is a detective with the Ventura County Sherriffs Office. Both have had long and
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decorated careers in law enforcement and enjoy the proud distinction of being female
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On the night of January 31, 2016 Detective Orff and a group of longtime friends all
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met in Imperial City at a friends home to celebrate a birthday. After a night out of
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celebration, the group returned to the friends home where the entire group was staying the
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night. Hours after going to bed, Detective Orff awoke as she was sexually assaulted by a
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male officer of the United States Custom and Border Patrol. Her pants had been unfastened
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and pulled down and her assailant was rubbing his penis against her buttocks.
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Detective Orff punched her assailant in the face, called 911, and reported the sexual
battery to the responding officers from the City of Imperial Police Department (IPD).
After being interviewed by IPD officers, Detective Orff was transported to Pioneers
Memorial Hospital where she had a S.A.R.T. rape exam completed by a nurse. The Federal
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Border Patrol officer was taken into custody and released the same day. To date he has not
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GERAGOS&GERAGOS, APC
been charged with any crime and remains free to work in a position of authority on our
border, despite confessing to the sexual assault.
Shortly after the sexual assault, Chief Colon repeatedly violated Detective Orffs
California Constitutional rights, which ensure victims be treated with fairness and respect
for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse,
throughout the criminal or juvenile justice process. California Constitution article I, 28,
section (b)(1).
First Chief Colon called Detective Orffs boss at the Brawley Police and gave him the
details of her sexual assault, accused her of being immoral because of her sexual orientation,
and blamed her for being victimized. Her boss defended Detective Orff and her position in
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law enforcement, pointing out her upstanding reputation and performance record.
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Undeterred, Chief Colon contacted her boss again, asking him to instruct Detective Orff, the
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victim of an ongoing sexual assault investigation, to not communicate with the investigator
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Despite the actions of their chief, the IPD continued to investigate the case. Which
eventually lead to the assailants confession; in which he admitted the sexual assault and that
he knew Detective Orff was unconscious. Detective Orff was told by detectives the case
would soon be completed because there was sufficient evidence and a confession of a sexual
battery. Soon after, the detectives notified Detective Orff that they had completed the case
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and it had been submitted for internal review before being taken to the District Attorneys
Office for their decision on filing charges. However, as the days passed Detective Orff was
never given confirmation that her case had been submitted to the District Attorneys Office.
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On May 16, 2016, Detective Orffs wife, Detective Kristol, contacted IPD to get an
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explanation for the delay in submitting the case to the District Attorney. In response, Chief
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Colon contacted Detective Kristols boss and began to divulge details of Detective Orffs
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assault.
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Contrary to standard procedure, Detective Orffs case has still not been
submitted to the District Attorneys office for review.
To date, the assailant has not been taken into custody and remains on duty as a
Federal Border Patrol Agent 96 days after confessing to a sexual assault.
It has become clear Chief Colon intends to cover up for the conduct of the
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I.
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DAMAGES
Violation
of
Marsys
Rights,
violation
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Imperial
Police
Department
Policy/Procedures, Monell violations, violation of the Unruh Civil Rights Act, emotional
injuries, punitive damages, and any other remedies as the Court shall order.
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II.
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III.
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IV.
Violation Marsys Law under the California Constitution Article I. 28, section (b)
intentional infliction of emotional distress, negligent infliction of emotional distress, Monell
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violations, and violation of Unruh Civil Rights Act, Civil Code 51 et seq., Civil Code 52
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et seq.
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V.
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VI.
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By:
MARK J. GERAGOS
DAVID W. GAMMILL
Attorney for Plaintiff