Police Brutality and Excessive Force Claims in Colorado: What Survivors Should Know
Aaron Elinoff · Founder, Novo Legal Group · Colorado Bar #46468 · Immigration & Civil Rights
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4 min read
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<p>Colorado is one of only a handful of states that has abolished qualified immunity for state and local police officers. That single change — Senate Bill 217, passed in 2020 — transformed police misconduct litigation in Colorado. If you survived excessive force, an unlawful arrest, or another civil rights violation by police, you have legal options here that do not exist in most other states.</p>
<h2>What is excessive force?</h2>
<p>Excessive force is any physical force by police that exceeds what was legally justified under the circumstances. The Fourth Amendment requires force to be "objectively reasonable" — judged by what a reasonable officer would have done given the same facts.</p>
<p>Common examples of excessive force claims:</p>
<ul>
<li>Use of physical strikes, takedowns, or restraints against people who are not actively resisting.</li>
<li>Tasing or pepper-spraying suspects who are already restrained.</li>
<li>Police shootings where the suspect did not pose an imminent threat.</li>
<li>Force used during mental health crises, where de-escalation should have been used instead.</li>
<li>K-9 attacks beyond what was needed to apprehend the suspect.</li>
<li>Choke holds, knee-to-neck restraints, or similar restrictions on breathing.</li>
<li>Use of less-lethal weapons (rubber bullets, flash-bangs) on peaceful crowds.</li>
</ul>
<h2>Section 1983 claims</h2>
<p>Section 1983 of the Civil Rights Act allows individuals to sue government officials who deprived them of constitutional rights "under color of law." For police misconduct, this typically means:</p>
<ul>
<li>Suing the officer personally for damages.</li>
<li>Suing the city, county, or police department under <em>Monell v. Department of Social Services</em> if the misconduct resulted from official policy, custom, or failure to train.</li>
</ul>
<p>Section 1983 applies in federal court. Colorado state law (under SB 217) provides parallel state court remedies.</p>
<h2>Colorado SB 217: abolishing qualified immunity</h2>
<p>Before SB 217, federal qualified immunity protected officers from personal liability unless the right they violated was "clearly established" in nearly identical circumstances. This made it almost impossible to hold officers personally accountable.</p>
<p>SB 217 created a state-law cause of action that does not allow qualified immunity as a defense. This means:</p>
<ul>
<li>Officers can be sued personally for civil rights violations under Colorado law.</li>
<li>The "clearly established law" standard does not apply.</li>
<li>Courts focus on the actual conduct, not whether prior cases addressed identical facts.</li>
</ul>
<p>The result has been significant settlements. Denver alone has paid more than $30 million in police misconduct settlements since SB 217.</p>
<h2>What damages can you recover?</h2>
<ul>
<li><strong>Medical expenses</strong> — past and future treatment.</li>
<li><strong>Lost wages</strong> — past and future earning capacity.</li>
<li><strong>Pain and suffering.</strong></li>
<li><strong>Emotional distress.</strong></li>
<li><strong>Damage to reputation.</strong></li>
<li><strong>Punitive damages</strong> in cases of gross misconduct or pattern violations.</li>
<li><strong>Attorney fees</strong> — civil rights statutes allow fee recovery from the defendant if you win.</li>
</ul>
<h2>Statute of limitations</h2>
<p>Federal Section 1983 claims in Colorado generally have a 2-year statute of limitations. Colorado state law claims may have different timelines. Wrongful death claims have their own deadlines. The clock starts running at the time of the incident — sometimes earlier if you were detained or unable to file. Move fast.</p>
<h2>Frequently Asked Questions</h2>
<h3>Can I sue if I was undocumented when the incident happened?</h3>
<p>Yes. Constitutional rights apply to everyone in the United States regardless of immigration status. Your immigration status cannot be used to bar a civil rights claim.</p>
<h3>Can I sue if I had warrants or was committing a crime?</h3>
<p>Generally yes — though context matters. Excessive force can occur during a lawful arrest. The question is not whether you were a "perfect victim" but whether the officer's force exceeded what was reasonable.</p>
<h3>What evidence should I preserve?</h3>
<p>Body camera and dashcam footage, witness contact information, medical records, photographs of injuries, your written account of events written as soon as possible after the incident, and any communications about the incident.</p>
<h3>How much does a civil rights case cost?</h3>
<p>Most civil rights firms — including Novo Legal Group — handle these cases on contingency. You pay nothing upfront. The firm collects a percentage only if you win or settle.</p>
<h2>Free case evaluation</h2>
<p>Novo Legal Group represents victims of police misconduct, excessive force, wrongful arrest, and civil rights violations across Colorado. Free, confidential consultation: <a href="tel:+18887465245">1 (888) 746-5245</a>.</p>
<p>Related: <a href="https://www.novo-legal.com/en/issues/civil-rights-police-misconduct">Civil Rights & Police Misconduct</a>.</p>
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