DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Civil Action No. 93CV6275 COMPLAINT AND JURY DEMAND GLENN ROBERTS and CAROL ROBERTS, Plaintiffs, vs. JOHN W. DEWS a/k/a BILL DEWS, MARTIN SCHERIFF, and JOHN DOES 1 THROUGH 5, Defendants. Glenn Roberts and Carol Roberts, by and through their undersigned counsel, Hopper and Kanouff, P.C., for their Complaint against the Defendants herein, allege and state follows: 1. Glenn Roberts ("Roberts") is an individual who resides at 31517 Broadmoor Drive in Evergreen, Colorado. At all times pertinent to the allegations herein, Roberts was employed as the General Manager of the Denver Athletic Club ("DAC"), a member owned, private club located at 1325 Glenarm Place, Denver, Colorado. At the time of this Complaint, Roberts is still the General Manager for the DAC. 2. Roberts was hired, in part, based upon his significant experience in managing Officers' Clubs for the United States Air Force. Roberts retired from the Air Force with the rank of Lt. Colonel prior to his employment with the DAC in 1987. 3. Carol Roberts is, and was at all pertinent times, the wife of Roberts and resides with him at the Broadmoor Drive address in Evergreen. 4. Defendant Dews is an individual who resides at 1133 Race Street, Denver, Colorado. At all times pertinent, Dews was a member of the DAC. 5. Defendant Scheriff is an individual who resides at 3415 17th Street in Boulder, Colorado. At all times pertinent, Scheriff was a member of the DAC. 6. John Does 1 through 5 are individuals who are presently unidentified but are believed to have participated together with Dews and Scheriff in the activities complained of herein. To the extent such unidentified persons are identified in the course of discovery, Roberts will request that their true identities be substituted in the caption of this case and will effect service of process upon them in due course. 7. Venue is proper in this Court because the tortious events which are described herein occurred within the City and County of Denver, Colorado. 8. On or about April 4, 1992 and continuing through and until the date hereof, Dews caused to be published defamatory statements concerning Roberts. 9. On or about April 4, 1992 Dews stated in writing, "[A]ctions by Mr. Roberts...are circumspect to their self dealing, manipulation of fact, tampering with evidence and witnesses, dishonesty, intimidation at the highest level and fraud" or words substantially to the effect that Roberts was dishonest, untruthful, had engaged in self dealing and otherwise was a person of poor character. Dews caused such writing to be circulated among the general private membership of the DAC at times subsequent to April 4, 1992. A true and correct copy of this writing is attached hereto as Exhibit 1. 10. On or about July 23, 1993, Dews stated in writing that Roberts was operating the DAC for his "personal benefit and enrichment." Dews further stated that Roberts had conducted "inappropriate and lascivious...affairs with...DAC employees." Dews further stated by implication that Roberts' conduct was inconsistent with the good ethics and moral standards. Dews further accused Roberts of self-dealing with DAC vendors and stated that Roberts was responsible for "fraud and kick backs," or words to that effect. Dews further described Roberts as being racially insensitive and responsible for allowing and condoning racial discrimination at the DAC. Dews caused such writing to be circulated to the DAC board of directors and the general private membership of the DAC. A true and correct copy of this writing is attached hereto as Exhibit 2. 11. Beginning on approximately Memorial Day, 1993 and continuing thereafter during the summer months, Defendant Scheriff, acting in concert with John Does 1 through 5. caused to be published documents which purported to be informational fliers which contained cartoons, graphic depictions and statements holding Roberts up to ridicule and otherwise casting him in a false light. These "fliers" consisted, without limitation, of the following: a) A flier implied that Roberts was the direct beneficiary of any savings in financial operations which he realized on behalf of the DAC and that such savings were accomplished through the replacement of quality staff members with low cost, inexperienced staff members or by throwing money-making banquets at club expense. A true copy of this document is attached hereto as Exhibit 3. b) A flier depicted Roberts as Mickey Mouse. A true copy of this document is attached hereto as Exhibit 4. c) A flier invited members to complain to the Board of Directors about Roberts. A true copy of this document is attached as Exhibit 5. d) A parcel of hat-mail was directed to Roberts. A true copy of this document is attached as Exhibit 6. e) A flier purported to be directed to the membership by former President, Michael C. Huseby over his forged signature, which stated that Roberts received significant benefits in addition to his salary, all of which were false. In addition, the flier suggested that Roberts had directed that incoming and outgoing telephone calls at the DAC be screened, thereby reinforcing an impression Scheriff has attempted to create to the effect that Roberts is tyrannical and unacceptable as the Club's General Manager. A true copy of this document is attached as Exhibit 7. 12. The documents described in Paragraph 9 above were placed in DAC members' athletic lockers and also posted in various locations throughout the DAC so that they were visible to the general public and members of the DAC staff. Scheriff has publicly acknowledged responsibility for circulating some of the foregoing fliers. 13. Also in July, 1993, John Does 1 through 5 called the DAC and left messages on the answering machine describing Roberts as a "crook." 14. On or about November 9, 1993, a flier was mailed to Roberts' wife, Carol, which suggested Roberts' sexual infidelity and greed. A copy of this document is attached hereto as Exhibit 8. This flier was also placed in members' lockers and posted in areas of the DAC where it was visible to the public. FIRST CLAIM FOR RELIEF Defamation against Dews 15. All prior allegations are incorporated herein. 16. The statements by Dews constitute defamation per se. 17. Such statements were made with a purpose to insult, with malice and intent to harm warranting the imposition of exemplary damages. WHEREFORE, Plaintiff Glenn Roberts prays for judgment against Dews in such amount as may be established at trial through competent evidence, together with interest allowable by law, exemplary damages, costs including expert witness fees, attorneys fees and such other or different relief as this Honorable Court may direct. SECOND CLAIM FOR RELIEF Defamation against Dews 18. All prior allegations are incorporated herein. 19. The statements by Dews constitute defamation. 20. As a direct and proximate result of such defamation, Roberts has suffered damages at least in the amount of $10,000, humiliation, and emotional pain and suffering, all of which should be compensated by Dews. 21. The actions of Dews were accompanied by insult, malice and intent to harm warranting the imposition of exemplary damages. WHEREFORE, Plaintiff Glenn Roberts prays for judgment against Dews in such amount as may be established at trial through competent evidence, together with interest allowable by law, exemplary damages, cost including expert witness fees, attorneys fees and such other or different relief as this Honorable Court may direct. THIRD CLAIM FOR RELIEF Defamation against Scheriff 22. All prior allegations are incorporated herein, 23. The fliers circulated by Scheriff constitute defamation per se. 24. Such fliers were circulated with a purpose to insult, with malice and intent to harm warranting the imposition of exemplary damages. WHEREFORE, Plaintiff Glenn Roberts prays for judgment against Scheriff in such amount as may be established at trial through competent evidence, together with interest allowable by law, exemplary damages, cost including expert witness fees, attorneys fees and such other or different relief as this Honorable Court may direct. FOURTH CLAIM FOR RELIEF Defamation against Scheriff 25. All prior allegations are incorporated herein. 26. The fliers circulated by Scheriff constitute defamation. 27. As a direct and proximate result of such fliers, Roberts has suffered damages at least in the amount of $10,000, humiliation and emotional pain and suffering, all of which should be compensated by Scheriff. 28. Such fliers were circulated with a purpose to insult, with malice and intent to harm warranting the imposition of exemplary damages. WHEREFORE, Plaintiff Glenn Roberts prays for judgment against Scheriff in such amount as may be established at trial through competent evidence, together with interest allowable by law, exemplary damages, cost including expert witness fees, attorneys fees and such other or different relief as this Honorable Court may direct. FIFTH CLAIM FOR RELIEF False Light against Scheriff 29. All prior allegations are incorporated herein. 30. The fliers circulated by Scheriff presented Roberts in a false light to the public and have resulted in damages to him at least in the amount of $10,000 in addition to causing him humiliation and emotional pain and suffering. 31. Scheriff's actions were attended by malice and were willful necessitating the imposition of punitive damages. WHEREFORE, Plaintiff Glenn Roberts prays for judgment against Scheriff in such amount as may be established at trial through competent evidence, together with interest allowable by law, exemplary damages, cost including expert witness fees, attorneys fees and such other or different relief as this Honorable Court may direct. SIXTH CLAIM FOR RELIEF Civil Conspiracy against Scheriff and John Does 32. All prior allegations are incorporated herein. 33. Scheriff and John Does 1 though 5 acted in concert, combination and agreement for purposes of defaming and maliciously injuring Roberts. 34. As a direct and proximate result of such combination, Roberts has suffered damages at least in the amount of $10,000, humiliation, and emotional pain and suffering. 35. Such conduct was attended by circumstances indicating malice and intent to harm, all of which necessitates the imposition of punitive damages. WHEREFORE, Plaintiff Glenn Roberts prays for judgment against Scheriff and John Does 1 through 5, jointly and severally, in such amount as may be established at trial through competent evidence, together with interest allowable by law, exemplary damages, cost including expert witness fees, attorneys fees and such other or different relief as this Honorable Court may direct. SEVENTH CLAIM FOR RELIEF Outrageous Conduct against John Does 36. All prior allegations are incorporated herein. 37. The act of mailing the defamatory statement concerning Roberts (Exhibit 8) was extreme, outrageous and goes beyond the boundaries of decency acceptable in society. 38. As a direct and proximate result of such conduct, Plaintiffs Glenn Roberts and Carol Roberts have suffered humiliation and extreme emotional upset in addition to actual damages. 39. Such conduct warrants the imposition of exemplary damages and a finding of joint and several liability among the John Does responsible for directing Exhibit 8 to Carol Roberts. WHEREFORE, Plaintiff Glenn Roberts and Carol Roberts pray for judgment against the John Doe Defendants, jointly and severally, in an amount as may be established at trial through competent evidence, together with interest allowable by law, exemplary damages, cost including expert witness fees, attorneys fees and such other or different relief as this Honorable Court may direct. Trial to a Jury of Six Persons is Requested. Dated this 24th day of November, 1993. HOPPER & KANOUFF, P.C. BY: /s Dennis A. Graham Dennis A. Graham #6773 Gene R. Thornton, #15271 1610 Wynkoop #200 Denver, CO 80202-1196 (303) 892-6000 Address of Plaintiffs: 31517 Broadmoor Dr. Evergreen, CO 80439