A lawsuit filed in small claims court by a Pagosa Springs man against 6th Judicial District Attorney Todd Risberg illustrates how easily someone can take legal action for cheap and without a lawyer.
Trevor Peterson is suing Risberg for $5,000 on grounds that he experienced “emotional and psychological trauma” after hearing stories that Risberg used drugs.
Small claims court caters to do-it-yourself lawsuits and deals with claims involving damages of only $7,500 or less. According to the Small Claims Handbook, the “participation of attorneys in Small Claims Court is discouraged.”
In a single-paragraph complaint processed Tuesday by La Plata County Court, Peterson wrote that Risberg is an elected official, and stories of drug use make “Mr. Risberg unsuitable and unfit to perform required tasks/duties as District Attorney.”
In a phone interview Thursday, Peterson said he has been distressed by stories his friend, who he declined to name, told him “they smoked together at Risberg’s sweet house a couple months ago.”
“Right now, I can only confirm (he used) marijuana,” Peterson claimed.
On Thursday afternoon, Risberg said he’d learned of the lawsuit only after it was published on The Durango Herald’s website.
“I’m not even going to comment – it’s a ridiculous thing, legally and factually baseless. It’s ridiculous,” he said.
Criminal defense attorney Stephen Wells said while he would be prepared to represent Risberg, he doubted his services would be necessary, because anybody can walk into small claims court and fill out a form.
“It doesn’t sound very meritorious to me. Maybe, if you’re the DA and read that, you just laugh it off. I don’t think it’s going to be too troubling a time for him.”
Peterson said the DA’s office previously has charged him with domestic violence, but his lawsuit against Risberg is not vengeful, he said.
When asked to assess what the lawsuit means for Risberg, some local lawyers refused to comment after laughing into the phone.
Defense attorney and former public defender Tom Williamson brushed off the lawsuit.
“This guy lives in Colorado, and he’s emotionally and psychologically traumatized because he heard Risberg smoked pot? Maybe he needs to move. To Nebraska.”
County Court has summoned Risberg to answer the lawsuit in court on May 11.
cmcallister@durangoherald.com
0410_LOC_Risberg lawsuit (PDF)
