Nygaard Estate Suing Deputy, County
Cheryl Nygaard, representative for the estate of the late Clay Nygaard, has filed a lawsuit against a Roosevelt County deputy and Roosevelt County regarding Clay Nygaard’s death in a vehicle crash that occurred on June 19, 2004.
The case was filed in U.S. District Court in Great Falls on Oct. 17.
Factual allegations listed in the lawsuit include that deputy Centennial Colon pursued Nygaard’s vehicle at a high rate of speed and knew there was a small child in the vehicle. Nygaard was ejected from the vehicle during the crash and died at the scene. Toxicology reports later determined that Nygaard’s blood alcohol content was approximately .205.
After the deputy helped the minor out of the vehicle, the minor saw his father’s dead body in the grass.
The lawsuit claims, “Throughout the pursuit, defendant Colon was disregarding the risks of his own conduct and that of Clay Nygaard, and that the pursuit was unjustified, extremely high risk, and likely to result in serious bodily injury or death and occurring over a minor traffic or summary offense.”
The lawsuit also claims that the deputy’s supervisors in Roosevelt County individually or collectively choose not to discipline patrol troopers or their supervisors for dangerous vehicle pursuits that are initiated over minor traffic, summary and/or misdemeanor traffic offenses. The supervisors also choose not to train their patrol troopers on vehicle pursuits.
The document reads, “Defendant Colon and his Roosevelt County supervisors individually or collectively established a governmental custom and practice at Roosevelt County of emphasizing apprehension through vehicle pursuits, regardless of when, why or how the pursuit was initiated.”
The plaintiff is seeking compensatory damages for the wrongful death of Nygaard and the loss of economic and family support, for Nygaard’s mental anguish, pain and suffering before he died and for Clay Nygaard’s funeral and burial costs.
Relief is sought for damages to compensate plaintiff fully for deprivation of constitutional rights of Nygaard and the minor and damages to compensate for Nygaard’s injuries and death and for the minor’s injuries and damages.
