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Loveland Attorney Troy Krenning is firing back against the city of Loveland along with current and former city officials with a lawsuit in response to a former chargesfiled against him and a local business owner.

Krenning has filed a civil rights lawsuit against City Attorney Moses Garcia, two former Loveland officials and the city itself in regard to the case brought against him and Natalie Petersen of Bloomstruck LLC. in 2020 in connection to an anti-John Fogle mailer sent out during the 2019 municipal election.

Krenning also sent an intent to sue Moses Garcia for defamation for an email sent to city councilors following the filing of the suit.

Krenning, who is representing Petersen, filed the case in the United States District Court of Colorado in Denver on March 31.

The suit alleges three main charges against Garcia, former Deputy City Attorney Alicia Caldern, former Loveland City Clerk Patti Garcia, all in their individual capacities, and the city of Loveland: a First Amendment violation by retaliation, a Fourth Amendment violation by malicious prosecution and a 14th Amendment violation by due process deprivation.

The suit calls for many forms of financial award for Petersen based on losses as well as punitive damages.

The lawsuit stems from a series of discussions and hearings regarding a postcard mailer sent out during the Loveland 2019 elections regarding Fogle, who was running for reelection to his council seat at the time.

The mailerdepicted councilor John Fogle as a giant cartoon octopus and was sent out as Fogle was seeking reelection. In February 2020, the group responsible, Reality Check Colorado, reported to the Colorado Secretary of Statethat Krennings law office was its sole donor.The office contributed $2,000 on Oct. 9, two days after the group was established.

Following back and forth discussions on City Charter rules related to political campaigns listed in Article 17, Petersen and The Law Office of Troy D. Krenning were charged by the city with violating Loveland City Charter sections 17-4, 17-6 and 17-9 to be tried in municipal court. According to the charter, any person who knowingly violates or fails to comply with any the provisions of Article 17 commits a misdemeanor and is subject to a fine or imprisonment.

Krenning was found not guilty on the three alleged City Charter violation charges in March of 2021. During that hearing, Krenning vowed to sue Moses Garcia and employees of the City Attorneys Office in federal court for misconduct.

The civil rights lawsuit filed by Krenning on March 31 states that the charges against Petersen were dismissed following Krennings not-guilty verdict, despite an objection by the accusedrequesting a finding of innocence.

In the lawsuit, Krenning dives into the timeline of the mailer being created and sent out, Petersen being in contact with Patti Garcia regarding the financials of Reality Check Colorado, which was filed with the Colorado Secretary of State as an independent expenditure committee, and how the original complaint against her and Krenning came about.

Krenning claims in the lawsuit that the City Charter expressly excludes any existing partnerships like that of Bloomstruck that were previously established for a purpose outside of the scope of Article 17 as members of any political committee.

Krenning goes on to claim that, because of this, Bloomstruck was, and still is, by express definition incapable of being or forming a political committee as defined by the Citys Charter, let alone failing to register or failing to file required reports as one.

Krenning said he filed the lawsuit because city was wrong in filing its original charges against Petersen and his office and continues to lie about the circumstances and pretend as if they didnt do anything wrong.

The fact the city of Loveland and all its attorneys dont understand the basic notion of their own charter is almost unbelievable, he said. For them to run off leash and start charging people criminally for acts that are not against the law should be frightening to most citizens. If they cant even step up to the plate and say they are wrong and say they are sorry, the alternative is to sue their ass.

He added that there will be a companion case soon that will be filed by a different attorney on behalf of his law office in regard to the same case as Petersen.

Caldern, who now serves as the city attorney for the city of Brighton, said she finds no merit in the suit, adding there is a lot of conjecture in how it is written.

Everyone was just performing their duties, she said. To be honest, suing folks in their individual capacities when it is described in the complaint that everyone was acting in their professional capacity feels a bit like harassment.

Patti Garcia declined to provide comment while Moses Garcia deferred to the city for comment.

According to a written comment, the city is confident that it will prevail in the lawsuit and that the Citys laws related to contribution reporting requirements in local elections are valid.

Along with the filing of this lawsuit, Krenning is planning to sue Moses Garcia for defamation in regards to an email that he sent to city councilors following the filing of this civil rights lawsuit.

Krenning sent a notice of intent to sue and demand to Moses Garcia on April 2 following an email Garcia sent to Loveland City Council.

In that email, provided in the notice, Moses Garcia wrote that Krenning was alleging constitutional violations arising from the former case against Bloomstruck LLC and Krenning himself for failing to comply with the Citys reporting requirements for political contributions.

The City is well-positioned to address the plaintiffs claims and defend the citys proper and lawful response to plaintiffs and Mr. Krennings failure to comply with City law, Garcia wrote.

Krenning claims in his notice that accusing him of committing a crime in Colorado is defamation, pointing out that the email infers that both he and Bloomstruck LLC committed a crime even though Krennings office was found not guilty and the charges against Bloomstruck were dismissed.

In this defamation case, Krenning is demanding $10,000, adding if he proceeds to litigation he will seek the $10,000 plus special damages for no less than $30,000, plus the costs of litigation and attorneys fees.

You cant have someone found not guilty, and you cant dismiss a case against someone and then continue to run your mouth that they have broken the law, he said.

Krenning did offer Moses Garcia an alternative demand in his notice saying he would accept only $5,000 if Moses were to provide a written and public apology at the beginning of Tuesdays City Council meeting. However, Moses did not issue such an apology.

It was a bargain opportunity he should have taken advantage of, Krenning said. It will not be re-extended.

The city, in its written response sent to the Reporter-Herald Thursday, said Krennings claims have no merit and any use of a privileged communication to City Council to advance the claim would appear to be improper.

Continued here:
Troy Krenning files civil rights lawsuit against Moses Garcia, former Loveland employees related to 2019 anti-Fogle mailer case - Loveland...