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Updated Jul 22, 2008 - 04:59:56 pm PDT

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Newspapers in Education

Spring Creek mom won $25K in settlement

By JOHN SENTS - Staff Writer
Tuesday, July 22, 2008 4:59 PM PDT

ELKO - A Spring Creek mother arrested at a November 2006 school board meeting was paid $25,000 to end her lawsuit against Elko County and Sheriff Dale Lotspeich, who arrested her at the meeting when he served as a sheriff's deputy and sheriff-elect as well as school board trustee.

The settlement agreement, signed June 30 by Conni Tricoli, was provided to the Elko Daily Free Press Tuesday by the Elko County District Attorney's office. The county's insurance provider, Nevada Public Agency Insurance Pool, paid the bulk of the settlement, with the county responsible for a deductible of approximately $5,000, said Elko County Manager Rob Stokes.

“When (lawsuits) name you personally, it is a little bit of a stress,” Lotspeich said Tuesday. “I'm pleased it's over and done with. Let's put those issues behind us and move forward.”

According to the settlement agreement, the payment is “not to be construed as an admission of liability or legal responsibility on the part of Dale Lotspeich ... and Elko County, as well as the Elko County School District.”

Moreover, Tricoli agreed that her First Amendment rights were not violated at the Nov. 14 school board meeting - which erupted in a shouting match when a group of Spring Creek parents loudly voiced displeasure with the board's decision not to take action on concerns they raised about Spring Creek High School.

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In agreeing to the settlement, Tricoli released her claims for relief against Lotspeich, Elko County, its insurance company, the Elko County School District and its elected board members at the time of the meeting.

She previously said “the stress of the situation is over for my family.”

Tricoli was arrested on charges of disturbing a public meeting and disturbing the peace, but the Elko County District Attorney's office did not pursue the charges against her. In a statement about its decision, Deputy District Attorney Troy Jordan said “it is apparent that many people that night lost their tempers, but I do not feel this situation requires criminal action.”

Tricoli's lawsuit claimed that as a result of Lotspeich's actions she experienced bodily injury, humiliation, emotional distress, pain and suffering. It also said she incurred legal fees in connection with her defense.

The complaint listed 12 claims for relief, including excessive force, due process, false arrest, negligence, battery and malicious prosecution.

Her lawsuit sought more than $10,000 in special damages, more than $10,000 in general damages, punitive and exemplary damages in excess of jurisdictional limits of the court and further relief the court deems just and proper - along with attorney's fees.

After the case was settled out of court, both parties agreed to dismiss it with each side bearing its own costs and attorney's fees. The county's insurance company covered its fees for legal services representing the county and Lotspeich.

Community Speaks

Story Commenting Forum

All views and opinions expressed in user comments are solely those of the individual submitting the comment, and not those of the Elko Daily Free Press or its staff.


foureyedpig wrote on Jul 30, 2008 5:44 PM:

" Kit-cat, you really know your laws don't you...no such thing as disturbing the peace?? What planet did you fall from??? Wow! "

lngtimscresident wrote on Jul 28, 2008 11:11 PM:

" Kitty-kicker

It is spelled Podunk (for Podunk, Mass.)

I bet Tricoli is proud you are on her side! Seems apposite, doesn't it? (Birds of a feather and all that stuff)

Hummm, lets see; I got my rights intact, and she sold hers for $25K, what would I rather have? Take a guess. "

kickthacatt wrote on Jul 27, 2008 7:53 PM:

" I agree with Mrs Tricoli.
Maybe if our little Barney officers in this poe dunk town would follow the law accordingly rather than making it up as they go along she wouldn't have to sue!
I say kudos to her!
And those of you that have negative things to say about her for it.. Well you're just jealous it wasn't you with the 25 grand.
She deserved that and much much more!
As with 85% of the people that get arrested for "disturbing the peace" in this town.
I'm sorry but unless it's after midnight in a quiet neighborhood there is no such thing!
Especially in a PTA meeting.
OR IN A BAR!!!! "

haha wrote on Jul 24, 2008 9:23 PM:

" bcc all those things i listed were public information over periods of time! Surprised you never heard of those incidents..... "

bcc1954 wrote on Jul 24, 2008 4:28 PM:

" "haha" if someone has proof of this or has seen this type of behavior why not file a complaint? maybe it wouldn't work the first time but if everybody did each time they witnessed this behavior, sooner or later someone would have to listen. "

DISSENT wrote on Jul 24, 2008 12:42 PM:

" I am with you there Lngtime!! My constitutional rights do not have a price either, I guess I never looked at it that way. Regardless of who is right I have to say that I was not there and my point of view is maybe both parties were at fault! But I guess it doesn't matter now, once again the tax-payers end up footing the bill!! "

haha wrote on Jul 24, 2008 12:34 PM:

" Unfortunately many people at the sheriffs office have a shady side. Seems in order to get promoted you need to lie on a case and fudge the paperwork, change your story a few times, lie about everything in general, poach deer on duty, get drunk roll your truck and leave the scene, hang out in bars while in uniform on duty, mess with evidence and lie about it, stalk people using your badge, flash your pistol at a passing vehicle during a moment of road rage in your personal car, seems these things just get swept under the rug over and over. "

lngtimscresident wrote on Jul 24, 2008 10:25 AM:

" Belvin is right, it is all about the money; this hearing had NOTHING to do with squishing someones rights and everything to do with $$$$$$$$. With a few stacks of 100-dollar bills within her grasp, it seems her rights became a lot less important.

My constitutional rights have ABSOLUTLY NO dollar value attached to them and if I had felt the Sheriff (or anyone) has violated my rights I would go to the bitter end for righteous resolution (this is our duty as U.S. citizens). And if it turned out they indeed violated my constitutional rights, I would expect prosecution of the guilty party. No compromise!

I have to think that either she doesnt understand our constitutional rights are priceless and non-negotiable, or she is an opportunist and found a way to punish someone for not surrendering to her reported unlawful public bleating.

What think you all about people who are willing to bargain with our constitutional rights for personal gain?

I do feel a little twinge of sympathy (not) for her because she allowed the local, we hate the Sheriff group, to use her reputation and the tactless situation she created, as a guidon in their warfare against the Sheriff.

I believe it is now time to put all this angst behind us and all Elko County residents work for positive effect. "

justme wrote on Jul 24, 2008 10:14 AM:

" I know this woman and she still won't keep her mouth shut. After the school board incident, where she was sooo humiliated, all she did was run around town talking about it...she would not let it go..people she barely knew, many who didn't care...and even more in her place of business had to constantly listen to her ranting on and on and on and on about how she was arrested, man handled, thrown in cuffs, and HUMILIATED! The funny part of it all is that if you had been at the meeting and wittnessed the whole thing for yourself, you would've seen first hand and for yourself that Connie Tricolli wasn't even hand cuffed by the police but the minute the newspaper camera came into her view she threw her own hands behind her back in an effort to make herself look even more pittiful than already she had.....Who does that kind of thing???? Anyways, my point is this, if this woman so HUMILIATED by it all why was the her own biggest fan..runny around the entire town shouting from roof top to roof top about her "run in with the law" I am so tired of hearing about this woman. Can't believe she got paid 25,000 for being a crazy loone!! "

haha wrote on Jul 24, 2008 10:13 AM:

" Whats funny to me is how people justify their wrong doing by suing. Act out of line, get a DUI, go to jail, resign from your job, sue for harassment, pain and suffering. What ever happened to being held accountable for your actions. "

haha wrote on Jul 24, 2008 12:16 AM:

" Dissent and tink....you guys feel parents act appropriately at those meetings? I beg to differ, big time! We are adults not children, discuss matters like adults, not yell like school children. Those meetings get way out of hand, good job to the sheriff for doing something about it. This gal seen dollar signs, end of story! So we should all be allowed to act like loud mouth jerks at those meetings? I mean after all, I guess we can because should we get arrested, we can just sue the county! "

BELVIN wrote on Jul 23, 2008 6:56 PM:

" Today, anyone can sue anyone , no matter how frivolous the lawsuit may seem..

Just because the D/A office refused to prosecute, doesn't mean the crime did not occur,it simply means that prosecution of the accused is not warranted, in their judgement, for whatever reason,Thats a judgement call, and thats okay with me..Otherwise, our court system would be overloaded, more than it is....

The problem with that logic is that its like giving ammo to a person, that only had a useless weapon before....


A settlement in this type of case Has absolutely nothing to with right or wrong or justice being served...It has every thing to do Money,Bottom Line, Cut your losses,etc, etc.....now its a civil problem, not a criminal matter...

The insurance carrier for the county makes that decision...If I were in their shoes,Rather than take the case before a jury of hate-mongers of the sheriffs' office, and the entire justice system, I would settle too....

Remember , its all about money, not justice........

Would the sheriff rather settle, than take the case to court........Maybe, but I doubt it...Their is a certain amount of satisfaction to have the case heard in court....So, is it o.k. to be loud, abusive, and disruptive during a public meeting, in this case I guess so..(profitable too)... "

tink wrote on Jul 23, 2008 3:00 PM:

" to karen.....Mrs Tricoli is NOT running for school board!
to interested....this was not "humiliation"...this was squashing civil rights! And Mr Lotspeich needs to respect those rights even when someone dares to disagree with him! "

hola wrote on Jul 23, 2008 2:44 PM:

" This won't be the last payout the county makes due to Lotspeich and Gonzalez!! "A team you can trust." was
their campaign moto. I beg to differ. They were trusted completely by our entire family and close friends. They ate our food, shook our hands, hugged our children, and all with a smile. I loathe nothing more then someone who can look you in the eye and say "trust me, I am watching out for you." and lie with out blinking and eye. Lotspeich won only because he rode on the coat tails of Gonzalez's reputatioin. He cannot make a decision on his own. That has been proven! As for Gonzalez, look beyond the smile and public image. He wears three masks. The public one, one for his wife, and one for his extracaricular activities. These two are not and will never be what they promised. The budget is only the beginning. All will come out in due time. "

karenkarenn wrote on Jul 23, 2008 1:54 PM:

" I have to agree with everyone on this part. HOW can we respect the law enforcement if they keep doing this crap! And now this women is running for the School board trustees dist 4.. I DONT THINK SO! So I guess everyone that gets arrested by the sherrifs orders gets 25,000. WOW. Elko county school needs money and their are giving away 25,000! And now after 25,000- she wants to get voted in??! "

Interested Reader wrote on Jul 23, 2008 12:30 PM:

" Good comment haha. I agree with you 100%. I believe that she just saw a way to make a quick buck and took it. For the readers that are so concerned with our tax dollars being wasted, I know that it is easy to blame our sheriffs dept, but maybe we should point our blame at the ones that are going after these lawsuits. They are the ones that are not concerned about our tax dollars. It must be nice to sue over humiliation, emotional distress, pain and suffering. When I grew up my parents used to tell me that that was called life, not everything goes as planned. Is this the first time in her life that she has been humiliated? Did she sue all of the people that humiliated her or was this just the first time that she thought that she could get money from it. I believe all of our law enforcement is doing a good job, whether it be city, county, or state. I would like to say thank you for the wonderful job that you do in keeping the streets safer. "

dissent wrote on Jul 23, 2008 12:27 PM:

" Haha.....The fact that this woman had her constitutional rights trampled on and was falsely arrested means nothing to you?? I'd have to say that anyone else would probably do the same thing. She doesn't have to sit and take being arrested on false charges!! This was a case of an abuse of power by Lotspiech, and the fact that she won this settlement shows how guilty the Sheriff is. I'm sure she would have got more if she wanted to push the issue. "

tink wrote on Jul 23, 2008 12:17 PM:

" Some of you need to wake up! If people don't speak up and take the legal avenues afforded by our constitution to up hold our right we will lose them! this was NOT "someone looking cross eyed" or coffee spilled...it was a persons civil rights being violated. To arrest a person for "disturbing an open meeting" when the meeting was in adjournment is WRONG!!! Perhaps there should be a test before someone is put in a position of authority?!?!? "

haha wrote on Jul 23, 2008 12:39 AM:

" This is crap and I feel the county should have paid this loud mouth nothing! This goes to show you that our society will sue over any little thing...and win. How ridiculous is that? Parent's get very out of hand at those meetings, I've seen it first hand, it's inappropriate. This woman was money hungry and cried "pain and suffering" and won, give me a freaking break! I'll have to dig into my book of memories, I'm sure someone has looked at me cross eyed in the past, that's good enough reason to sue! I mean really, a moron buys McDonald's coffee (knowing it's hot) and spills it on herself and wins millions. Then we have the moron that buys a thong at Victoria's secret, her butt is too big to fit into a thong and she breaks the strap causing a decorative piece to hit her in the eye, bam just like that she's going to sue Victoria's Secret! Unbelievable how low people's state of mind rests. Let's all sue, sue, sue, Idiots! "

dmh wrote on Jul 22, 2008 11:26 PM:

" $25,000. Wow! Perhaps I should go to a public meeting and act a fool so as to jump aboard the gravy train. "

Dissent wrote on Jul 22, 2008 9:19 PM:

" Way to go sheriff!! Like Nevada wasn't facing a budget crunch as it is! I hope all the voters remember this come election time!! It's sad to see that the sheriff of Elko county believes he is above the constitutional rights of everyone. "

kenna wrote on Jul 22, 2008 9:01 PM:

" A couple of weeks ago Lotspeich had to explain to the county commissioners how he was over $300,000 over budget, now this. What do you have in mind for our tax dollars next Sheriff? "
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