Talbot Notice of Claim 218 WICHITA
OLD NORTH KANSAS TEL FAX
TOWN MOSLEY 67202 316.266.4058 316.462.5566
GOD L.L.C.
GRA BILL &HAZLEW
Y LAWYERS
Sean M. McGivern
sean@graybillhazIewood.com
January 23, 2024
Salina City Commission
C/O City Clerk /�
300 W Ash St., Room 20 J
Salina, KS 67401
Via Certified Mail
Via Fax (785) 309-5738
RE: Notice of Claim
Greetings:
This law firm represents Sean Talbot in connection with Officer Kyle Truitt and Officer
Joel Nelson's unlawful home invasion at Talbot's residence, unlawful arrest of Talbot,
and the repudiated criminal charges brought against Talbot (Case No. 2022-CR-000460,
Saline County District Court). The home invasion, attack, and arrest occurred on June 3,
2022. Mr. Talbot's address is: 1227 Midland Street, Salina, KS 67401. My address is
above in the letterhead.
You have in your possession videos of the events material to this claim. In the video of
Officer Truitt and Nelson's encounter with Gene Talbot, it is established that Gene
Talbot was drunk and wanted a truck back from Sean Talbot (his son) after lending it to
him a couple days earlier. Gene Talbot was asked whether he wanted to report the
truck as stolen and he declined.
Truitt and Nelson should have let Gene Talbot sleep it off. Instead, they went to Sean
Talbot's home in the middle of the night, banged on his door, and demanded at least
five times that he exit his own home after midnight. These officers had no
warrant. Talbot posed no threat to the officers. Talbot was speaking to the officers
through his locked screen door. Talbot respectfully asked the officers to wait as he was
on the phone with his mother, and she was coming over. Talbot never consented for the
officers to enter his home. The officers ripped open Talbot's locked screen door and
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trespassed into his home. The officers physically attacked Talbot and arrested him. This
event was traumatizing; I refer you to Sean Talbot's March 23, 2023 letter to your Chief
of Police & Internal Affairs (attached) for details about injuries sustained.
Despite the plainly illegal home invasion, attack, and arrest, these officers had Talbot
charged with various crimes without any probable cause. Truitt also lied in his arrest
affidavit by stating "this had been the only occasion Gene gave Sean permission to use
his vehicle." The video of the drunk encounter with Gene Talbot demonstrates that he
had lent vehicles to Sean Talbot in the past. Ultimately the State of Kansas dismissed
the charges against Sean Talbot with prejudice.
We intend to file an action under 42 U.S.C. sec. 1983 to redress the illegal conduct of
Officer Truitt, Officer Nelson, former Chief Nelson, and the City. We write to give you
notice that we intend to sue former Police Chief Brad Nelson, and the City, for
negligence in allowing this incident to occur; and in failing to train, monitor, and
supervise these rogue officers. These individuals' last known address is: 300 W. Ash
Street, 67401, Salina, KS 67401. Talbot seeks $500,000.00 in damages for former Chief
Nelson and the City's negligence.
Please have your insurance carrier reach out to us at its earliest convenience. Thank you
for your consideration.
Very truly yours,
Sean M. McGivern
GRAYBILL& HAZLEWOOD, L.L.C.
ATTACHMENT--TALBOT IA COMPLAINT OF MARCH 21, 2023
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Salina Police Department
Internal Affairs Unit Commander
& Chief of Police
255 N Tenth Street
Salina, KS 67401
March 21, 2023
This complaint is regarding the illegal arrest that happened to me on June 3, 2022 by two
former officers of the Salina Police Department, former Officer Kyle Truitt and former Officer
Joel Nelson. The actions of these two officers were unprofessional and violated my civil rights.
Former Officers Truitt and Nelson were dispatched to my father's house on June 2, 2022.
According to the body cam evidence from the Salina Police Department, former Officer Truitt
asked my father if he wanted to press charges, and my father said he just wanted his truck
back. At no time did my father answer former Officer Truitt's question of pressing charges did
my father answer yes. He only answered several times, "I just want my truck back." Former
Officer Truitt told my father he would go look for the truck and call my father if he found it to
see what he wanted to do.
At approximately 12:20am on June 3, 2022, former Officers Truitt and Nelson came to my
residence and woke me up out of my sleep. I was talking to them through my screen door,
which was locked. I told them I did not steal my father's truck. I was looking for the truck keys
to give to them and I asked them what else they needed. The former officer only said you need
to come outside so we can talk to you. I was talking to them through the screen door. The
former officers did not say they had a warrant, or that they were there to arrest me, so I was
completely overwhelmed and shocked when they yanked open my locked screen door to my
residence and charged at me. I didn't know what was going on and didn't know why they were
attacking me.
The conduct by these two former Salina police officers was traumatic to me and my mother,
who I was on the phone with during the former officers' break in of my residence and their
attack on me. They used unnecessary roughness and made no regard when I told them they
were hurting me. They demanded I get my arm around when I was laying on my arm and they
were pushing me to the floor, making it impossible to move my arm.They forcefully twisted my
neck and I heard popping sounds. They scratched my face and bloodied my lip. Please refer to
the Salina Police Department body cam video evidence. This is bullying in my opinion of how I
was treated.
I told the former officers my mother was on the way but they refused to wait until my mother
got there before they busted in. My mother came to my residence when the formers officers
were in my residence and had handcuffs on me and witnessed their treatment of me.
When I was in the police vehicle my mother asked former Officer Truitt if she could get me a
drink of water and she was told no, he isn't getting anything until we get to the station.
I was in a lot of terrible pain for months. I went to physical therapy after the attack. I consulted
a doctor after the pain wouldn't stop. I was given two prescriptions which did not help the pain.
The former Salina Police Department officers Truitt and Nelson did not have authority under
K.S.A. 22-401 to arrest me.They burst into my home without my permission, physically
attacked me, and illegally arrested me in my residence without a warrant. They did not have
probable cause to arrest me. When the former officers spoke to my father, my father never told
them he wanted to press charges. The former officers told my father they were going to call
him after they located his truck to see what he wanted to do, but to my knowledge they never
called my father to see what he wanted to do.
I don't understand how supervisors of the Salina Police Department could review the reports
from the former officers and body cam video evidence of this forceful illegal arrest but still send
it to the prosecutor's office and press charges against me. I had to endure months of being
under court proceedings which was unnecessary and highly stressful.
I want to know if there has been an investigation of the actions of the former Salina Police
Department officers Truitt and Nelson and what were the results of that investigation.
Please send any communication to my mailing address: Sean Talbot, 1227 Midland Street,
Salina, KS 67401.
Sincerely,
Sean Talbot