Defendants File Answers To Nygaard Lawsuit
Attorneys have provided answers for the defendants to the complaint in the lawsuit facing Roosevelt County deputy Centennial Colon and Roosevelt County.
Plaintiff Cheryl Nygaard 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.
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.”
In the defendants’ answer, they admit that Clay Nygaard died in a motor vehicle crash on Highway 2 but deny that the crash occurred as a result of pursuit by Colon. According to the Montana Highway Patrol’s investigative report, factors of the crash were driving in a reckless and negligent manner due to the consumption of alcohol, excessive speed, failure to keep in the proper lane and Mr. Nygaard running his vehicle off the roadway.
Defendants also denied that the deputy was aware there was a child or any passenger in the vehicle and that the deputy engaged in a pursuit. Defendants admit that Nygaard’s toxicology report indicates his BAC was between .202 and .208, which is at least two and a half times the legal limit.
The document also noted that the plaintiff failed to articulate a claim against Sheriff Jason Frederick or against Roosevelt County since there is no policy, custom or practice of Roosevelt County at issue. Deputy Colon is entitled to immunity for the acts and omissions alleged in the complaint. Defendants demanded a trial by jury.
