Chris Clendening v. The Police Protective Association of Colorado dba The Colorado Police Protective Assoc. Inc., The Denver Sheriff's Union, et al.
Published: Apr. 5, 2001 | Result Date: Sep. 22, 2000 | Filing Date: Jan. 1, 1900 |Case number: 99CV2023 Verdict – $0
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, Chris Clendening, a Denver police officer, was advanced city funds to pick up a prisoner in another
state and return the prisoner to the Denver County jail. The plaintiff was charged with embezzlement of public
funds in July 1998, after he allegedly falsely completed an official officerÆs expense report and failed to
properly account for the city funds advanced to him.
Settlement Discussions
The final demand before trial was $50,000. The final offer before trial was $5,000 from CPPA, but no offer from the Denver SheriffÆs Union and none from Bruno, Bruno & Colin.
Damages
Cost of obtaining substitute counsel.
Other Information
The court determined that: The plaintiff is a third-party beneficiary to the representation agreement between the association and Bruno, Bruno & Colin. The association representation agreement incorporates the legal defense plan. The plaintiff was entitled to assert his breach of contract claims against either or both the association and Bruno, Bruno & Colin because he was a third-party beneficiary. The Denver SheriffÆs Union complied with all of its contractual obligations regarding the legal defense plan by entering into such a plan as required by their by-laws. The plaintiff had originally claimed bad faith breach of contract, negligent breach and was seeking punitive damages; however, judge Simon dismissed those claims before trial.
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