May 9, 2025 | Civil Rights Law, Constitutional Rights, First Amendment
Protecting free speech and defending against First Amendment retaliation
The purpose of Colorado’s anti-SLAPP law
In a democratic society, the ability to voice opinions about government actions and the conduct of public officials is fundamental. However, sometimes those in power try to silence criticism through costly and intimidating lawsuits. Colorado’s anti-SLAPP law can shield those speaking out on matters of public concern.
Colorado joined the ranks of states with strong anti-SLAPP protections in 2019 when Governor Jared Polis signed House Bill 19-1324 into law. “SLAPP” stands for Strategic Lawsuit Against Public Participation. These lawsuits are often legal bullying tactics used to silence critics by threatening them with expensive litigation.
The Colorado General Assembly recognized this problem and enacted the anti-SLAPP statute, noting “that it is in the public interest to encourage continued participation in matters of public significance and that this participation should not be chilled through abuse of the judicial process.” They stated that the purpose of the law was “to encourage and safeguard the constitutional rights of persons to petition, speak freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, to protect the rights of persons to file meritorious lawsuits for demonstrable injury.” (C.R.S. § 13-20-1101)
This balancing act helps maintain both free expression and access to justice. The statute protects individuals’ rights to participate in government and speak on matters of public concern while ensuring that truly injured parties can still seek redress through the courts.
SLAPP suits have been used against journalists, environmental activists, consumer advocates, and everyday citizens, like Colorado parents who speak out on matters of public concern involving their schoolchildren. By providing anti-SLAPP protections, Colorado allows journalists to report without fear of financial consequences to their newsrooms and empowers citizens to participate in democratic discourse without fear or intimidation.
How do anti-SLAPP laws work?
Using the special motion to dismiss: A powerful tool for defendants
Colorado’s anti-SLAPP law provides a powerful tool for people who believe they face meritless lawsuits targeting their protected speech. It establishes an expedited process for courts to follow when a defendant files a motion to dismiss a lawsuit based on the fact that they were exercising their constitutional right of free speech or to petition the government.
Here is how this special motion to dismiss works:
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Filing the motion: A defendant can file a special motion to dismiss within 63 days after being served with the lawsuit. Extensions may be granted with court permission.
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Showing protected speech: The defendant must demonstrate that the lawsuit is based on their speech or conduct involving a matter of public concern. The law specifically protects statements made before legislative, executive, or judicial proceedings; statements made in connection with issues under consideration by governmental bodies; statements made in public forums about matters of public interest; and other forms of protected speech.
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Automatic stay of discovery: When a defendant files this special motion, the court issues an automatic stay of discovery, pausing the expensive discovery process until the motion is resolved. This is a crucial protection that prevents plaintiffs from using the discovery process to harass defendants or rapidly drive up litigation costs.
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Shifting the burden: Once the defendant demonstrates that the case involves protected speech, the burden shifts to the plaintiff to establish “a reasonable likelihood” of prevailing on the claim. This higher standard at an early stage of litigation provides significant protection for defendants.
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Expedited hearing: The court should hold a hearing on the special motion to dismiss no later than 28 days after it is filed unless the court must schedule it for a later date. This ensures a speedy resolution rather than allowing a SLAPP suit to drag on indefinitely.
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Attorney fees and costs: If the defendant prevails on the special motion to dismiss, they are entitled to recover attorney fees and costs from the plaintiff. This financial consequence serves as a deterrent against filing frivolous lawsuits intended only to silence protected speech. But if the court finds that a defendant’s special motion was frivolous or solely intended to cause unnecessary delay, it will award attorney fees and costs to the plaintiff instead.
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Immediate appeal: The order granting or denying the special motion is immediately appealable to the Colorado Court of Appeals. This provides an additional layer of protection for both parties’ rights. (C.R.S. § 13-20-1101.)
The Colorado anti-SLAPP statute has been applied in various contexts, including a recent case before the Colorado Supreme Court examining the “public interest” parameters of the law regarding online reviews of a veterinary clinic. (Tender Care Veterinary Ctr. v. Lind-Barnett)
First Amendment retaliation claims after successful anti-SLAPP motions
An interesting legal scenario arises when a government employee sues a citizen for statements made about that employee’s official actions, and the citizen successfully defends using an anti-SLAPP motion. In such cases, the citizen might have grounds for a First Amendment retaliation claim against the government employee.
While there isn’t a Colorado precedent directly on point, the U.S. Court of Appeals for the Tenth Circuit (which includes Colorado) has provided guidance in cases involving government retaliation for protected speech. In Beedle v. Wilson, the court considered a case where a governmental entity (a public hospital) filed a defamation lawsuit against a private citizen who had criticized it.
The Tenth Circuit recognized that when a governmental entity brings a lawsuit against a citizen for criticizing government actions, First Amendment concerns are implicated. The court determined that such a lawsuit could potentially constitute retaliation that violates the First Amendment and provides grounds for a civil rights claim under law. (42 U.S.C. § 1983)
How First Amendment retaliation claims work using Colorado’s anti-SLAPP law:
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Protected speech: The defendant’s statements about the government employee’s political or governmental actions would need to constitute protected speech under the First Amendment, which generally protects speech on matters of public concern. The Supreme Court has long held that speech on matters of public concern deserves heightened First Amendment protection, such as in N.Y. Times Co. v. Sullivan, where the court noted the “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.”
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Adverse action: The government employee’s act of filing a lawsuit against the defendant can be considered an adverse action likely to deter a person from continuing to engage in protected speech. In Beedle, the Tenth Circuit recognized that being subjected to litigation could constitute such an adverse action.
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Causal connection: The crucial element is demonstrating a causal connection between the defendant’s protected speech and the government employee’s retaliatory action (filing the lawsuit). A successful anti-SLAPP motion can provide evidence of this causal link, as it establishes that the lawsuit targeted protected speech.
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Improper motive: To succeed on a First Amendment retaliation claim, the defendant must show that the government employee’s primary motive in filing the lawsuit was to retaliate against the defendant for their protected speech, rather than to genuinely seek legal redress for a legitimate harm.
In Colorado, this means that if a government employee sues a citizen for statements about the employee’s political or governmental actions, and the citizen successfully defends using Colorado’s anti-SLAPP law, the citizen may have grounds for a federal civil rights lawsuit.
Such a claim would allege that the government employee’s lawsuit constituted illegal retaliation for the exercise of First Amendment rights. If successful, the citizen could recover damages, attorney fees, and costs beyond what the anti-SLAPP statute itself provides. The Civil Rights Attorney’s Fees Awards Act authorizes courts to award reasonable attorney fees to prevailing parties in civil rights litigation.
It’s worth noting that these retaliation claims face certain legal hurdles. The citizen must prove that the government employee acted under “color of law” rather than in a purely private capacity. As the Supreme Court has held, the under-color-of-state-law element of the code excludes from its reach “merely private conduct, no matter how discriminatory or wrongful.” (Blum v. Yaretsky)
Additionally, various immunity doctrines may protect government officials in certain circumstances. Government officials performing discretionary functions are entitled to qualified immunity unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” (Harlow v. Fitzgerald)
Has your free speech been threatened?
When government employees misuse the legal system to silence criticism of their official actions, the combination of anti-SLAPP protections and potential First Amendment retaliation claims gives citizens powerful legal recourse. They ensure that individuals can speak truth to power without fear of retaliatory litigation designed to silence their voices.
However, while these anti-SLAPP laws shield citizens from legal intimidation tactics, you need an experienced civil rights attorney to help you fight these lawsuits. The Civil Rights Litigation Group understands the expedited process to dismiss meritless lawsuits targeting free speech and the First Amendment retaliation claims that may follow. We believe the law should protect rather than punish those who exercise their constitutional right to comment on matters of public concern. If your free speech rights have been violated, contact us today to see how Colorado’s anti-SLAPP law can protect you.
Call the Civil Rights Litigation Group at 720-515-6165.
Oct 21, 2024 | Constitutional Rights, Police Misconduct
What are your rights when the police come to your home?
Whenever you encounter the police, knowing your rights is important, especially when they come to your home. Just because you are innocent of a crime doesn’t mean you can’t get in trouble. There are many places where you might encounter the police so know what they can and can’t do, and what you are allowed to do when interacting with them.
What can the police do at your home?
Police are generally allowed to go anywhere in public that other members of the public are allowed to go. This could involve stopping/driving on any roadways, making observations in public neighborhoods, or walking up to your front door to make an inquiry (often called a knock and talk). If the police knock on your door, the first thing to remember is to stay calm and treat them with respect – this goes a long way in keeping the interaction calm. Whatever reason they are there, you do not have to invite them in unless they have a warrant. Otherwise, it’s always best to just speak with them at your door and ask for their identification before doing so. If the police are simply there to ask if you witnessed a crime in the neighborhood or have seen someone like a missing child, you can choose to be helpful and let them know if you saw anything. Or you can simply tell them you have no helpful information to provide. If they do have a warrant, you have the right to request seeing it before letting them in. Be sure it is signed by a judicial officer and that it is specifically for your address. The warrant might also list specific areas they are allowed to search (or for specific items) and will have the name of the person, places, and things to be searched.
What should you do during a search of your home?
Again, remain calm and don’t escalate the situation if the police search your home. Remember that you have the right to remain silent as they will often ask you questions while searching. You do not have to answer any questions, and they can’t arrest you simply because you refuse to speak to them. You can also record what the police do during the search and take notes as long as you don’t interfere in what they are doing. Ask for each officer to identify themselves, their badge number, and give you a business card if they have one. Make note of anything they take and every room they search, as well as any damage they might cause to your home. Police are often allowed to ask you to step out of an area to be searched or, sometimes, even detain you for a period while a search is taking place. Don’t fight, just ask if you are required to as they ask, and then do so if required. You can always ask a lawyer later if the police command was justified or open to challenge. If they do end up arresting you at the end of the search, don’t resist, and remember to remain silent and ask for an attorney. If they read you your Miranda rights and you ask for an attorney, they can’t ask you any more questions without an attorney present. Even if you are innocent, it’s always best to have an attorney or a public defender present for any questioning. Remember that the police are very good at interrogating people and are allowed to lie about certain things.
What do you do if your rights are violated?
If you feel your rights have been violated during a search of your home, it’s even more important that you record all the details as they happen. Make sure you have all the information from the search, and you can file a complaint with internal affairs or a civilian complaint board (if your city has one). Beyond that, you can contact a law firm that specializes in civil rights cases regarding the police, and your rights while in your home or anywhere else. The Civil Rights Litigation Group has handled many cases against the police and can help you protect your rights. Call for a free consultation.
Call 720-515-6165 for a free consultation.
Mar 17, 2024 | Civil Rights Law, Constitutional Rights
The First Amendment of the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peacefully to assemble, and to petition the Government for a redress of grievances.” However, free speech isn’t an all-inclusive principle, meaning that there are some instances of speech and expression that the First Amendment doesn’t protect. What is protected speech?
Free speech and protected speech
One reason for continually examining free speech is that the Constitution is vague. The Supreme Court further defined free speech: “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable” (Texas v. Johnson). This language restricts the government’s ability to constrain speech, but, the limitations of speech and expression often depend on context, such as a corporate office or a school.
Free speech laws are extremely complex, and it’s critical to remember that free speech doesn’t protect things like defamation and libel, threats, false advertising, and more.
Differences between protected speech and unprotected speech
There are many exceptions to free speech that the Supreme Court has supported for some time. For example, the Court has decided that the First Amendment provides no protections for things like obscenity, child pornography, or speech that constitutes true threats or “fighting words,” which may produce a clear and present danger. The Court provides less than full protections for many other types of speech, including:
- Commercial speech
- Defamation, libel, and slander
- Speech that might be harmful to children
- Speech broadcasts on television and radio
- Public employees’ speech
At the same time, the Supreme Court, as well as many government and nonprofit agencies, have contributed to the definition of protected speech as well. As a broad rule, virtually all other types of speech are protected, but the government may be able to regulate speech in certain circumstances. The government may attempt to regulate an act of free speech (including verbal communication as well as visual, art, music, theater, dance, literature, and more) through prior restraint. Additionally, acts that normally have the fullest First Amendment protections may still be restricted due to “regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.”
What to do if your free speech rights were violated
To better understand what constitutes protected speech and unprotected speech (and therefore, your rights in Colorado regarding free speech), here are a few examples:
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Subversive advocacy — Individuals can express lawlessness, but there is a limit to this protection. For subversive advocacy (expression promoting lawlessness) to fall outside of First Amendment protections, it needs to be directed at producing imminent lawless action and the speech needs to be likely to produce lawless action.
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Fighting words — Similar to the above example, speech cannot incite clear and present danger or violence. However, fighting words often need to be insults personally directed at a person and not political statements that the person would find offensive. Provocative political speech is often fully protected, but not clear and directed insults designed to start a fight or a threat.
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True threats — True threats are defined as “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” As such, the speaker may not need to carry out the threat, but only to intently produce fear of bodily harm or death in the victim.
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Obscenity — Material, speech, and/or expression must meet the following three standards to be considered obscene and not protected by First Amendment laws. These three standards include:
- Whether “the average person, applying contemporary community standards”, would find that the work, taken as a whole, appeals to the prurient interest
- Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law
- Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
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Child pornography. Plainly put, child pornography is an unprotected category of expression.
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Commercial expression that concerns illegal activity, or commercial expression that is false or misleading — Commercial speech is only protected if it contains legal activity and it’s content is true and not misleading.
Contact the Civil Rights Litigation Group in Denver
The Civil Rights Litigation Group deals with issues regarding free speech. First Amendment and protected speech legal cases can be extremely complex, but at the same time, it is clear when someone is making true threats, producing obscene material, or producing false advertising and misleading information. Fortunately, if your right to free speech is being regulated or restricted in any way — or you’re facing adverse repercussions for your speech, and your speech doesn’t fall under the umbrella of “unprotected speech”— then call the Civil Rights Litigation Group in Denver, CO. We offer free, no-obligation consultations.
Call our law offices today at 720-515-6165.
Feb 17, 2024 | Police Misconduct, Uncategorized
Most police officers exercise restraint when handling members of the general public, but there are times when a situation gets out of hand and citizens get hurt. The law allows the police some flexibility when dealing with or handling an uncooperative individual. Deadly or excessive force can be used if the officer feels he or she is being threatened (i.e., someone pointing a gun at them). But if physical force is unwarranted, it may be considered excessive force, and a violation of one’s civil rights.
Is it excessive force?
The police typically have qualified immunity involving arrest so that concerns of legal action don’t interfere with their ability to do their jobs. (However, those laws have changed in Colorado and police are now required to wear cameras and don’t always have immunity.) Police are allowed to use reasonable force when handling a combative individual, but only to the point of subduing the person for arrest. Legal protections for citizens are available if force becomes excessive or unreasonable. Section 1983 of the Civil Rights Act of 1871 forbids the police to restrict an individual of their civil rights under the Fourth Amendment of the Constitution.
Excessive force, as defined, is when a police officer is aggressive, forceful, and possibly threatens bodily harm when it’s unnecessary. For instance, if someone has cooperated with the police, either at a traffic stop or during an arrest (i.e., handcuffed and compliant), physical force or a weapon wouldn’t be necessary to restrain the individual. Continuing to physically subdue the individual after he or she has complied may constitute excessive force, particularly if the end result was severe injury or death.
What do you do if you are the victim of excessive force?
If you are the victim of excessive force, don’t answer any questions that aren’t required (i.e., like your name). Don’t speak unless absolutely necessary, such as asking for an attorney. If you have injuries, request medical attention immediately. Also, request that photos be taken of your injuries and included in the report. During all of this, don’t yell, become combative, threaten to sue, or say anything else about civil rights. Use your right to remain silent, because what you say really will be used against you later.
Gather evidence and build your case
You will need to prove your case of excessive force with facts and evidence, and you need to work quickly, so that none of this is lost or possibly destroyed.
1. Immediately create a written record of the event. Document everything, including day, time, circumstances, witnesses, and anyone who was with you. Don’t worry about formatting — you’re just documenting and organizing everything, and putting together a timeline to establish facts. Once you’re in court, you will be required to tell your story, clearly and exactly. Written and coherent documentation of the events will help you remember the details of your case.
2. Gather physical evidence. Pictures, video, a police report or citation, medical records (if required), any damaged property (i.e., torn clothes or damaged shoes) and anything else that’s relevant is evidence.
a. If you were injured, take pictures of your injuries and save them in a safe place (i.e., online photo storage, not just on your phone or hard drive)
b. Take pictures of any damaged personal property, and put the items away for safe keeping until they are needed.
3. Gather witnesses’ contact information. Witnesses who can verify and validate your story are crucial. An attorney may request a signed witness statement from them detailing what they saw. You need to document these facts as quickly as possible. Get copies of any videos that witnesses may have taken of the incident.
4. Take care of yourself first. If you were denied medical care in custody, go to the hospital and get checked out. Be sure to get copies of all your medial records. If you were charged with a crime, you’ll also need to find a defense attorney and take care of it. Document everything, including time off work, legal fees and other details.
What if I witness police using excessive force against another individual?
If you are a witness to police using excessive force, immediately document what you see, in as much detail as you can. Write down the time, date, place, and names if you can get them, along with any other relevant details you can remember. If you can take pictures or video, do so, and save them somewhere. Recalling the incident and going over it helps you remember specific details. You may be called upon to give testimony later, and a written account will go a long way in helping you to remember the details correctly.
Protect your civil rights in Denver
What can you do if you’re the victim of excessive force? You need an attorney who is knowledgeable about the laws and how they apply to the police. The Civil Rights Litigation Group has handled many of these kinds of cases and can help you. Contact the Civil Rights Litigation Group at (720) 515-6165 today for a free consultation.
Call us at at (720) 515-6165
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Jan 30, 2024 | Police Misconduct
When we think about police misconduct, most of us think of violence and unnecessary shootings because of what’s been portrayed in the media for the past few years. The use of camera phones to record police behavior has shone a light on how many officers abuse their power and violate citizens’ civil rights. But when you consider that the police department’s main task is to protect the citizens and uphold the laws of the state, many other types of police misconduct are overlooked.
Eventually, most everyone ends up in a situation dealing with the police and the majority of these will be harmless. And while most officers do behave appropriately, some of them do not. It is important to know your rights and what to do when they are violated.
What is police misconduct?
Identifying police misconduct can sometimes be difficult, especially in high-pressure situations when tensions and emotions are high. It can take many forms, from excessive use of force to unlawful arrests to abuse in jail and prison. It refers to inappropriate or unreasonable action taken by police officers while in the performance of their duties that violates a person’s constitutional rights. While the violation of police policies should be reported so that supervisors can ensure police officers stay within the boundary lines of the police agencies involved, the violation of your constitutional rights by a law enforcement officer is significantly more serious and often requires litigation to set the record straight and seek a remedy for the harms and injustice caused. Understanding what constitutes police misconduct can help you recognize when your rights have been violated and when you need to seek action.
Different forms of police misconduct
Unlawful stop or detention in violation of the Fourth Amendment
You have the right to be free from unreasonable searches and seizures and that includes the right to be free from arbitrary police stops. The police must have a valid reason, such as a valid and articulable suspicion that a crime or traffic violation is or is soon to be committed before they can legally stop you or detain you. There are also limits to the scope of a valid detention once initiated. Police are only allowed to detain you long enough to address the reason they stopped you in the first place. And if it’s determined you did nothing illegal, you should be allowed to go on about your business. Police cannot keep you detained to try to find a new and previously unknown reason to arrest you. And if the police are questioning you, you can always ask if you are being detained or arrested. If the answer is no, you should ask if you are free to leave, and if they say yes, you should leave immediately. You need not answer questions to leave.
Racial profiling or discrimination in violation of the Fourth or Fourteenth Amendment
Despite advancements in racial equality over the years, racism sadly still exists, and some police officers have racial biases that affect their decisions. When an officer stops, detains, searches, or arrests you based on your race, instead of having a reasonable and articulable basis to believe that you committed a crime, that is police misconduct and they are violating your civil rights. People of color experience this the most, often being pulled over or stopped on the street for no reason other than their race. It’s also a violation of your civil rights for the police to stop you because of your gender, sexual orientation, or other protected class characteristics. Officers will often provide a pretextual reason — a false reason to hide their true intentions — for an unlawful stop, detention, or search that was motivated by race. But pretextual justifications are invalid and must be challenged.
The Fourth Amendment provides citizens with the freedom from unreasonable intrusions by the government, and this includes police misconduct. This can happen when an officer searches you, your vehicle, or your home without probable cause. These types of intrusions always require that police have information amounting to probable cause to believe you committed a crime. Officers typically must have a warrant to search your vehicle or home, but there are more exceptions to this rule for vehicles than for homes. However, they don’t need a warrant when they legally arrest you, when an illegal item is in plain sight, when they make a legal traffic stop and have a valid reason to search (i.e. you appear to be intoxicated and they smell pot smoke), or when you give you consent. So, remember that if an officer asks to search you or your property, you have the right to say no. You can tell them your lawyer told you never to agree to a voluntary search.
Unlawful, false, or wrongful arrest in violation of the Fourth Amendment
An unlawful arrest is when the police physically seize and restrain you in a manner that leaves you without the reasonable belief that you can leave, without possessing sufficient legal justification. Officers need probable cause and/or a warrant based on probable cause to arrest you and take you into custody lawfully. If they act without it, they act in violation of the law and your civil rights.
Depriving you of your Fourteenth Amendment Rights without Due Process of Law
Citizens are guaranteed equal protection under the law and the government cannot deprive you of life, liberty, or property without following fair procedures, such as the right to speak, the right to certain hearings, the right to confront your accusers, the right to an attorney, and other rights that generally fall under this umbrella. These rights often must be raised in a criminal case if you are accused but can sometimes be raised in other venues and other circumstances.
The First Amendment guarantees all citizens freedom of religion, speech, the press, to assemble or petition, and to record police officers in the performance of their public duties. If a police officer attempts to suppress your verbal expression or retaliates against you because of something you have said — so long as you weren’t threatening them or prohibiting them from doing their job — they may be violating your civil rights. Obviously, freedom of speech isn’t absolute, but simply disagreeing with an officer, calling them names, or even flipping them off is not illegal and doesn’t give them the right to stop, detain you, arrest you, or charge you with a crime. Police officers will often assert a pretextual basis for arresting or charging people in violation of their First Amendment rights, but that does not always mean officers have a proper or justifiable reason.
Malicious prosecution in violation of the Fourth and Fourteenth Amendments
A lawful prosecution requires evidence amounting to probable cause at the time charges are brought against a person. If an officer charges you with a crime as a means of harassment, to ruin your reputation, or in an attempt to justify their misconduct, they are acting in violation of your civil rights through wrongful or malicious prosecution. Similarly, police may also act in violation of your rights when they fabricate false material information in a probable cause affidavit used to justify an arrest or to seek an arrest warrant. Police officers must be truthful in these key criminal justice documents or face the consequences of police misconduct.
Officers must be reasonable in the force they apply so that it is used only when reasonably necessary to effectuate a lawful purpose. Force is typically acceptable when officers use it to arrest a wanted person. The force police are authorized to use to arrest can be legally increased if a wanted person flees or resists a lawfully imitated arrest, or if a wanted person threatens or obstructs an officer who is attempting to arrest them. But otherwise, officers are restricted in the amount or type of force that may be applied in any given circumstance. This includes everything from excessive shootings and physical beatings to the inappropriate or overuse of tasers, batons, chemical sprays, or K-9 units. Officer must always be justified in their choice of and use of force within the totality of the circumstances they are facing. Police officers are not legally allowed to use force to get their way or to abuse their police power.
When someone dies because of excessive force or other wrongdoing by the police, detention staff, or detention officers, that is one of the worst civil rights violations that can affect a person. Whether it was on purpose or by recklessness, the officer(s) should be held accountable. Wrongful conduct can involve anything from an illegal shooting to denying someone in detention access to medical care or abusing someone in jails or prisons. If you or a loved one are seriously injured or killed because of the knowing use of significant police force or the reckless failure to protect or provide medical attention, there could be a claim against the officer for that injury.
What laws protect me from police misconduct?
The Fourth Amendment protects you from unlawful searches and seizures, while the Eighth Amendment safeguards you from cruel and unusual punishment. The Fourteenth Amendment and other Federal laws also prohibit discrimination based on race, color, national origin, sex, and religion. Furthermore, persons with disabilities are protected from discriminatory treatment under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
Finally, Section 1983 of the Civil Rights Act gives you the right to file a lawsuit against a police officer if they violate your civil rights. This law was originally passed to protect citizens from government officials as well as groups like the KKK. This law makes it illegal for anyone acting under the authority of the government to deprive someone of their civil rights.
Why you need a civil rights attorney
A lawyer can play a vital role in uncovering police misconduct and pursuing justice in a police misconduct lawsuit. These types of cases are often difficult, time-consuming, and complex and very often require a specialist who is 100% committed to your rights. The Civil Rights Litigation Group has handled many successful lawsuits against the police and other jail/prison officials, and we understand the complexities of the law in Colorado. If you believe your civil rights have been violated by the police or other government officials, give us a call for a free consultation.
