Civil Rights & Police Misconduct

Police Misconduct in Colorado

Colorado represents a unique opportunity for victims of police misconduct. In 2020, Colorado became one of the few states to abolish qualified immunity through Senate Bill 217, landmark legislation that allows victims to sue officers directly without the "good faith" immunity defense that has protected officers in other states for decades.

This historic change means that if law enforcement violates your constitutional rights through excessive force, wrongful arrest, unlawful detention, racial profiling, or other misconduct, you now have real legal recourse. Since SB 217 took effect, Denver alone has paid over $30 million in police misconduct settlements, signaling a shift toward accountability.

What Qualified Immunity Was

For decades, federal law allowed police officers to claim qualified immunity — essentially a "get out of jail free" card that protected them from personal liability even when they violated constitutional rights. To overcome qualified immunity, a victim had to prove not only that the officer violated a clearly established right, but that the right was already established in identical circumstances, an almost impossible standard.

This doctrine meant officers could use excessive force, conduct unlawful searches, and arrest innocent people with little fear of personal consequences. Departments had no incentive to discipline officers or change practices when the courts allowed misconduct to go unpunished.

Colorado SB 217: A Turning Point

In 2020, Colorado abolished qualified immunity for state and local law enforcement officers. This means officers can now be held personally liable for violating constitutional rights without hiding behind qualified immunity. The law also applies to claims under Colorado state law, expanding the ways victims can seek justice.

This change opens the door to successful claims for excessive force, wrongful arrest, and other civil rights violations that would have been dismissed in other states. Our attorneys have the expertise to fight these cases in both state and federal court, where Colorado's unique legal landscape creates real opportunities for accountability.

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Types of Civil Rights Cases We Handle

Excessive Force

Police shootings, tasing, unnecessary physical assault, and other uses of force that exceed what was legally justified. These cases often arise during mental health crises, when officers should have used de-escalation instead of force.

Wrongful Arrest & False Imprisonment

Being arrested without probable cause, detained without legal justification, or having charges dismissed after jail time served. These violations often carry lifelong consequences including employment barriers and damaged reputation.

Unlawful Search & Seizure

Warrantless searches of your home, vehicle, or person; seizures of property without legal justification; and violations of Fourth Amendment protections against unreasonable searches.

Racial Profiling & Discriminatory Policing

Traffic stops, arrests, and enforcement patterns based on race, ethnicity, national origin, or other protected characteristics. Pattern and practice cases against entire departments where systemic discrimination creates liability.

Disability Rights Violations (ADA Title II)

Police failure to accommodate disabilities, using excessive force against individuals with mental health or developmental disabilities, or denying access to services based on disability. The ADA requires police departments to provide accessible interactions.

Immigration-Related Civil Rights Violations

Unlawful collaboration with ICE, warrantless arrests at immigration checkpoints, and violations of constitutional rights during deportation enforcement. Our firm has extensive experience defending immigration clients in civil rights contexts.

Wrongful Death by Law Enforcement

When police conduct results in someone's death through excessive force, failure to provide medical care, or other constitutional violations, the deceased's family has the right to pursue damages.

Failure to Provide Medical Care in Custody

Police and detention officers have a duty to provide necessary medical care. Denying treatment, ignoring serious medical conditions, or allowing inmates to die from preventable causes violates the Eighth Amendment.

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Legal Frameworks for Accountability

Civil rights cases can be brought under multiple legal theories:

Section 1983 of the Civil Rights Act (Federal)

Allows individuals to sue government officials who deprive them of constitutional rights under color of law. Can be brought in federal court against officers personally and against municipalities under a theory of municipal liability.

Colorado's Abolition of Qualified Immunity (State Law)

Colorado law now allows direct suits against officers for constitutional violations without the qualified immunity defense. This is unique compared to federal law and creates powerful opportunities for accountability.

Fourth Amendment Protections

Prohibit unreasonable searches and seizures. Any search without a warrant or valid exception, and any seizure (arrest) without probable cause, violates the Fourth Amendment and is actionable.

Monell Claims Against Municipalities

Cities and counties can be held liable when misconduct results from official policy, custom, or failure to train. These claims often lead to larger settlements because municipalities have resources to pay.

Colorado Anti-Discrimination Act (CADA)

Provides remedies for discrimination based on protected characteristics. Police misconduct motivated by race, ethnicity, gender, disability, or other protected traits may violate CADA in addition to federal constitutional law.

ADA Title II (Disability Discrimination)

Police departments are covered entities under the ADA. Failure to accommodate disabilities or discriminatory treatment based on disability is actionable under Title II.

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Our Notable Civil Rights Cases

Disclaimer: Past results do not guarantee future outcomes. Every case is unique and results vary based on the specific facts and circumstances.

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Colorado's Police Accountability Landscape

Colorado has become a leader in police accountability, not because officers are worse than elsewhere, but because the legal system now holds them accountable.

Denver's $30 Million in Settlements

Since SB 217 took effect in 2020, the City and County of Denver has paid over $30 million in police misconduct settlements. This includes cases of excessive force, wrongful arrest, and discriminatory policing.

George Floyd Protest Cases

Following the 2020 protests, numerous cases were brought against Denver Police for excessive force, unlawful detention, and use of teargas and less-lethal munitions on peaceful protesters. Many resulted in significant settlements.

The Christian Glass Case

The largest police settlement in Colorado history: $19 million to the family of Christian Glass, a young man experiencing a mental health crisis who was shot and killed by El Paso County Sheriff's deputies in 2014. The settlement acknowledged the wrongfulness of excessive force against someone in mental health crisis.

Aurora PD Pattern of Misconduct

Aurora Police Department has faced multiple high-profile cases, from in-custody deaths to aggressive traffic stop tactics. These cases demonstrate that systematic change requires accountability through litigation.

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How We Fight for Your Rights

Our approach to civil rights litigation is comprehensive, aggressive, and results-focused:

• Free initial case evaluation — Confidential consultation to assess your claim
• Contingency fee structure — We take cases on contingency; you pay nothing unless we win
• Investigation and evidence preservation — We immediately investigate, obtain bodycam footage, arrest reports, medical records, and witness statements
• Federal court Section 1983 litigation — Experienced in complex federal civil rights cases
• State court claims under Colorado law — Leveraging SB 217 and Colorado's unique anti-qualified immunity law
• Negotiation and settlement — We know how to negotiate with municipal attorneys and insurance carriers for maximum recovery
• Trial experience — Prepared to take cases to trial if necessary to achieve justice
• Appeals — If needed, we appeal unfavorable rulings to higher courts