IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 1:17-cv-2119

SUREN TATULYAN and PIT SISTERS, a charitable organization,

Plaintiffs
v.

CITY OF AURORA

Defendant.
____________________________________________________________________________

COMPLAINT
____________________________________________________________________________

Plaintiffs, by and through their attorneys, The Animal Law Center, LLC, hereby file this

Complaint and Jury Demand against the above named Defendant.

I. PARTIES

1. At all times material hereto, Plaintiff SUREN TATUYLAN was an individual and a resident

of the State of Colorado, County of Aurora, residing at 4566 South Salida Street, Aurora,

Colorado, 80010.

2. Plaintiff PIT SISTERS is a charitable animal rescue organization, registered in the State of

Florida.

3. Defendant City of Aurora (Aurora) is a government entity, of which Aurora Animal

Control is a subsidiary, and, is currently located at 15151 East Alameda Parkway, First Floor,

Aurora, Colorado, 80012. The City of Aurora is a home rule municipal corporation. It acts

under color of state law.

II. JURISDICTION AND VENUE

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4. Jurisdiction is proper in the District of Colorado pursuant to 42 U.S.C. 1983 and 1988,

and 28 U.S.C. 2201 and 2202 for declaratory relief under the Fourth, Fifth, and Fourteenth

Amendments to the Constitution of the United States.

5. This is, in part, a civil rights action for declaratory and injunctive relief, damages and

attorneys fees arising under 42 U.S.C. 1983, and 1988, stemming from Defendants

violations of Plaintiffs rights guaranteed by the Fourteenth Amendment to the Constitution

of the United States. Plaintiffs also assert a violation of 42 U.S.C. 1983 due to violations of

Plaintiffs constitutional and federal statutory rights.

6. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. 1331 and 1343. This Court

has authority to grant the declaratory relief requested herein pursuant to 28 U.S.C. 1988.

7. Jurisdiction for attorneys fees and costs is found at 42 U.S.C. 1988.

8. Venue is proper in the District of Colorado pursuant to 28 U.S.C. 1391.

III. GENERAL ALLEGATIONS

9. Plaintiffs hereby re-allege and incorporate by reference as though fully set forth herein the

allegations contained above.

10. Defendants Tatulyan and Pit Sisters are owners of the dog, Bandit.

11. Mr. Tatulyan transferred an undivided half interest in the ownership of Bandit on August 24,

2017 to Pit Sisters. An affidavit from a authorized member of Pit Sisters Board of Directors

is also attached.

12. Bandit was seized by the City of Auroras Animal Control Unit on January 3, 2017.

13. Bandit is still being held by the City of Aurora.

14. Aurora has determined at an impound hearing under the Aurora Municipal Code, that Bandit

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 is both a pit bull (prohibited by Aurora) and cannot be safely maintained, cared for and

controlled without danger to the community.

15. Aurora has advised that Bandit will be euthanized as soon as any legal stay is lifted.

16. Mr. Tatulyan was not provided an interpreter at the impound hearing.

17. Mr. Tatulyan was not provided a meaningful opportunity to present evidence or represent

himself at the impound hearing.

18. The City of Aurora has refused to conduct a SAFER test on Bandit, which is a well

recognized national test to evaluate a dogs temperament.

19. Mr. Tatulyan requires an interpreter for any legal proceedings, none was provided or offered

at the impound hearing.

20. Aurora has not permitted an independent evaluation of Bandits temperament by an expert

identified by Bandits owners, despite repeated requests.

21. Neither Bandit nor the Tatulyans have had any prior issues or animal control tickets.

VII. FIRST CLAIM FOR RELIEF

(Violation of 42 U.S.C. 1983)

22. Plaintiffs hereby re-allege and incorporate by reference as though fully set forth herein the

allegations contained above.

23. Defendant has deprived Plaintiffs of their federal constitutional or statutory rights by failing

to provide due process to the Plaintiffs regarding the seizure of Bandit.

24. Defendants have acted under color of state and municipal law in depriving Plaintiffs of the

federal rights, and property interests.

25. As a direct and proximate cause of Defendants violation of 42. U.S.C. 1983, Plaintiffs have

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 sustained injuries and damages including attorneys fees.

XIV. PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment in favor of Plaintiff and against Defendant, jointly

and severally, upon each claim for relief asserted herein, and that the Court grant, including and

without limitation:

1) Appropriate declaratory and other injunctive and/or equitable relief, including but not

limited to protecting Bandit while in the custody of Aurora from euthanasia or preventing

transfer of Bandits ownership to a good faith third party by the City of Aurora.

2) An award of damages, including economic damages, non-economic damages including

emotional distress, loss of enjoyment of life, and other pain and suffering on all claims

allowed by law in an amount to be determined at trial;

6) An award of attorneys fees and the costs associated with this action, including those

associated with expert witness fees, on all claims allowed by law;

7) An award of pre- and post-judgment interest at the lawful rate; and such other and further

relief as the Court deems just and proper.

PLAINTIFFS DEMAND A TRIAL TO A JURY ON ALL ISSUES SO TRIABLE.

Respectfully submitted this 1st day of September, 2017.

/s/ Jay W. Swearingen

Jennifer Reba Edwards, Reg. #38349
Jay Wayne Swearingen, Reg. #4842
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The Animal Law Center, LLC
730 W. Hampden Ave., #304
Englewood, CO 80110
Telephone: (303) 322-4355
jre@theanimallawcenter.com
jws@theanimallawcenter.com
Attorney for Plaintiffs