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Alan Carroll Nash

Alan Nash’s Answers

2 total

  • Can a tenant break the lease for pest infestation and health risk to tenants, what is a landlord's responsibility in CO state

    We have a mice infestation in the house that we are renting. I have killed 13 mice in my room alone and they are everywhere throughout the house. I read that mice are nocturnal and if you are able to see them during the day you have a major proble...

    Alan’s Answer

    In FL your answer would be found in Florida Statute 83.51 in which, barring a lease that has provided otherwise, the LL is responsible for pest control. In CO it seems that your answer will be located within these statutes Colorado. Rev. Stat. §§ 38-12-101 to -104, -301 to -302. Your statutes are here - http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp= . I hope that helps.

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  • Does eluding under 35 mph for a traffic violation for improper tag, constitute excessive force by multiple officers?

    After eluding at a speed of 35 mph for 3 miles ad stopping on my own with both hands in plain view outside the window of vehicle,the officers hit me in the face ad pulled me out of the vehicle several officers kicked and stomped my head causing se...

    Alan’s Answer

    To fully address this issue, we would really need more facts. As is, the question can satisfy a federal con claim after being analyzed under the Graham v. Connor. It may not have been "reasonable" for the actions of the officers to act in the manner that they did assuming that there aren't any other pertinent facts. However, these cases are highly fact-dependent, and it is probably safe to say that there are many facts missing here. I would recommend that you obtain the assistance of counsel in your state (as in Florida, sovereign immunity can AND can't apply for any state claims that may be present).

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