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DENVER - The last chapter has closed in the lawsuit filed by a former Frisco couple whose condominium was the subject of a methamphetamine raid more than two years ago.
A federal judge approved a stipulation Wednesday that says Josh Brudwick and Kathryn Rhodes do not have to pay approximately $10,000 in attorney's fees for local police officers as long as they do not appeal the judge's July decision in the civil case.
On July 14, U.S. District Court Judge Wiley Daniel ordered summary judgment in favor of Sheriff John Minor, the Board of County Commissioners, Frisco Police Chief Tom Wickman, the town of Frisco, Undersheriff Derek Woodman, Sgt. Cale Osborn and Sgt. Mark Heminghous in the civil rights lawsuit.
Josh Brudwick's father, Bill, said Thursday that the family is ready to move on from the litigation, although he reiterated his disappointed in how the case unfolded.
"In all honesty, I just think that the justice system is so slanted that it really doesn't afford a regular person to seek justice," Brudwick said, adding that an appeal would've have been very expensive.
Sheriff John Minor voiced a strong desire to charge Brudwick and Rhodes for attorney's fees following Daniel's July 14 decision, but said he knew there would be negotiation between the lawyers from both sides. Also, he was only one opinion among many in whether the lawyers would file for reimbursement of fees.
Minor said he believes the agreement reached between both parties is a "reasonable" way to end the case.
"I still feel strongly that if someone brings a lawsuit and you do not prevail, that the non-prevailing party should pay," Minor said.
Brudwick and Rhodes, who are now married and live in California, sued the defendants in federal court in March 2005, claiming various search and seizure violations, false imprisonment, invasion of privacy, defamation, intentional infliction of emotional distress, extreme and outrageous conduct and vicarious liability.
The suit stemmed from a July 25, 2004 search by the Summit County Drug Task Force for a suspected meth lab at the couple's Frisco condominium and inside their garage.
Police were acting on a search warrant that was based in part on numerous complaints of a chemical odor from Brudwick and Rhodes' upstairs neighbor.
No methamphetamines were found in the home and police never filed any criminal charges again Brudwick and Rhodes.
Nicole Formosa can be reached at (970) 668-3998, ext. 13625, or at nformosa@summitdaily.com.
A federal judge approved a stipulation Wednesday that says Josh Brudwick and Kathryn Rhodes do not have to pay approximately $10,000 in attorney's fees for local police officers as long as they do not appeal the judge's July decision in the civil case.
On July 14, U.S. District Court Judge Wiley Daniel ordered summary judgment in favor of Sheriff John Minor, the Board of County Commissioners, Frisco Police Chief Tom Wickman, the town of Frisco, Undersheriff Derek Woodman, Sgt. Cale Osborn and Sgt. Mark Heminghous in the civil rights lawsuit.
Josh Brudwick's father, Bill, said Thursday that the family is ready to move on from the litigation, although he reiterated his disappointed in how the case unfolded.
"In all honesty, I just think that the justice system is so slanted that it really doesn't afford a regular person to seek justice," Brudwick said, adding that an appeal would've have been very expensive.
Sheriff John Minor voiced a strong desire to charge Brudwick and Rhodes for attorney's fees following Daniel's July 14 decision, but said he knew there would be negotiation between the lawyers from both sides. Also, he was only one opinion among many in whether the lawyers would file for reimbursement of fees.
Minor said he believes the agreement reached between both parties is a "reasonable" way to end the case.
"I still feel strongly that if someone brings a lawsuit and you do not prevail, that the non-prevailing party should pay," Minor said.
Brudwick and Rhodes, who are now married and live in California, sued the defendants in federal court in March 2005, claiming various search and seizure violations, false imprisonment, invasion of privacy, defamation, intentional infliction of emotional distress, extreme and outrageous conduct and vicarious liability.
The suit stemmed from a July 25, 2004 search by the Summit County Drug Task Force for a suspected meth lab at the couple's Frisco condominium and inside their garage.
Police were acting on a search warrant that was based in part on numerous complaints of a chemical odor from Brudwick and Rhodes' upstairs neighbor.
No methamphetamines were found in the home and police never filed any criminal charges again Brudwick and Rhodes.
Nicole Formosa can be reached at (970) 668-3998, ext. 13625, or at nformosa@summitdaily.com.
