It happens sometimes that people are arrested for reasons they don’t understand. You’ve done nothing wrong, but there you are, sitting in the back of a police car (not resisting arrest), and you’re not sure why. It happens more often than you think, and the ACLU has stepped in to assist hundreds of people like Valerie Rodriguez, a lady unlucky enough to have the same name as someone else who committed a crime. A police officer who failed to do the proper research facilitated the arrest of an innocent woman instead of one that caused harm.
Police officers may be quick to make an arrest if they believe you aren’t complying with their request. Unfortunately, even catchall charges like disorderly conduct and resisting arrest are up to the officer’s discretion. Even not acting fast enough when the officer tells you something can be “resisting arrest,” giving an officer free reign. If you’re innocent of the disorderly conduct but tried to resist arrest, that second charge may stick when you go to court. An officer’s report may be written to indicate that you have broken the law, when in fact, they may be covering up their own mistakes.
Last year we discussed false arrest and the civil rights violations that it could bring. But even if it’s a false arrest or other mistake, is resisting arrest the right thing to do?
Resisting arrest is a misdemeanor in Colorado
Interfering with a police officer’s duties and preventing him from making an arrest constitutes resisting arrest. This is true whether the individual is innocent of any charges or not.
If you do resist being arrested in Denver, CO, and you are innocent of the original charge, you’ll still be charged with resisting arrest under 18-8-103 (1) C.R.S, which is a Class 2 misdemeanor. You could face fines of up to $1,000 and as much as a year in jail.
Defenses against resisting arrest
There are defenses against this charge:
Self-defense, in which the individual intends to protect himself or herself against an assault by a police officer
In defense of another individual
The police officer is acting as a private person and not in his or her official capacity as a law enforcement officer
The police officer uses excessive force when it isn’t warranted
However, unlawful or false arrest are not defenses; you’ll need to fight this kind of charge in court.
If you are arrested for resisting arrest in Denver, CO
The safest way to proceed is to go along with the officer, do not resist, and give them no additional information beyond your name. State that you would like to answer any other questions in the presence of an attorney. Anything you say to the police, even before they read your Miranda Rights to you, can be used against you in court. Therefore, make no statements to anyone involved, including the police, without the presence of an attorney at your side.
Once you’ve been freed from jail, find an attorney who will not only defend you from the charge of resisting arrest, but demonstrate that you were, in fact, innocent of the original charge for which you were being arrested.
Defend your rights with a Colorado civil rights attorney
Most charges of resisting arrest are defensible. If a prosecutor offers you a plea bargain, you’ll still have a criminal conviction on your record. To avoid conviction, it’s best to take your case into a jury trial. That’s where a civil rights attorney can help.
If you or someone you know has been charged with resisting arrest and is innocent of charges, get the legal help you need immediately. Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We’ll fight to help you clear your name against false arrests and other over-reaching actions by police.
Pregnancy and childbirth are a wonderful time in a woman’s life. From the first moment she discovers she’s pregnant until she takes home a newborn, she has much to do. One of the things she shouldn’t have to be concerned about is her job and pregnancy discrimination.
Many companies have specific policies and procedures in place to accommodate a woman during and after her pregnancy, including accommodations. Most companies implement temporary work re-assignments to accommodate a shorter work schedule. Some companies may hire a temporary worker or two while the worker is out on maternity leave. But not all companies are as progressive and forward-thinking.
There are laws in place to protect pregnant women from being singled out. But gender discrimination or pregnancy discrimination is still a widespread problem nationwide, particularly among low-income women. Many employers will find a way to terminate a woman’s employment due to her pregnancy, despite the fact that it’s highly illegal.
Employment termination is frequently disguised as a layoff, couched in less-than-favorable performance reviews, or a policy violation that wasn’t there before, such as tardiness without a doctor’s note or an increase in a weight-lift requirement. This directly impacts the woman’s family, since the income is cut off when they need it the most. Since pregnancy is exclusive to females, it can also be considered “gender discrimination.”
Laws against pregnancy discrimination
Both state and federal law prohibit pregnancy discrimination:
Pregnancy Accommodations In Colorado, in which an employer is required to offer “reasonable accommodations” to a pregnant employee, unless it would cause an undue hardship to the company. It also prevents an employer from taking “adverse actions” against an employee for requesting an accommodation. Requesting a doctor’s note for the requested accommodation is acceptable.
An employer must provide a reasonable accommodation for a pregnant employee as they would for an employee experiencing a different disabling health conditions (i.e., broken bones, stroke, recuperation after reparative surgery, etc.)
The Colorado Anti-Discrimination Act, which prohibits discrimination for pregnancy as well as other common reason, such as race, creed, nationality, orientation, age, and other factors. This act requires all employers, regardless of size, comply with the state laws against discrimination.
The Pregnancy Discrimination Act of 1978 specifically prohibits sex discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy/childbirth. Women are to be treated the same as any other employee with a medical condition with respect to benefits, including healthcare, affected in the same way with a condition that temporarily prevents them from working or limits their ability to work.
The Americans With Disabilities Act (ADA), a federal law that prohibits discrimination against disabled workers by companies with more than 15 workers. Conditions related to pregnancy like gestational diabetes and preclampsia are considered disabilities under the law. You can’t be fired, harassed, or denied a promotion because of your pregnancy, nor denied assistance such as extra breaks or being excused from a lifting requirement. FMLA provides 12 weeks of unpaid guaranteed leave for pregnancy and childbirth.
What Is A “Reasonable Accommodation?”
Like many conditions, pregnancy includes its own symptoms, such as the well-known “morning sickness.” A pregnant woman in the workplace may need some accommodation during pregnancy, including:
Job restructuring
A temporary modified schedule
Increased breaks for restroom, food and water
Foot rests
Equipment modifications, such as a chair with increased support
“Light” duty, including the reduction of weight lift requirements during pregnancy
Assistance with manual labor, or a temporary transfer to a less hazardous job
An employer is required to engage in an interactive discussion with the employee to accommodate their needs for assistance. The employer is required to supply reasonable accommodation as long as it doesn’t create an undue hardship for the company. For instance, a request for a new chair would be considered “reasonable,” but a request for an entirely new office to be built would not be.
An employee is not required to accept an accommodation she didn’t request, nor can she be compelled to take leave if the employer can provide a reasonable accommodation.
What you can do about pregnancy discrimination
Both state and federal law prohibit an employer from using your pregnancy as a factor in decision making for:
The hiring and interview process
Wages, benefits and other pay-related decisions
Promotions, transfers, demotions or other disciplinary actions
Retaliation for taking leaves of absence
Disciplinary action, such as suspensions and termination
It’s important to begin keeping documentation of any attempts at discrimination in the workplace that you notice. For instance, if another individual is being accommodated for a different type of injury, but you aren’t. If something has “changed” at work after notifying your supervisor of your pregnancy, or you’ve heard an increase in inappropriate remarks about your pregnancy, keep a written record. If you are being singled out, this written record will go a long way in proving your case.
If you’ve been terminated, fired, laid off, or had other adverse actions taken against you once you’ve revealed your pregnancy, it’s time to speak with a civil rights attorney who can defend you and protect your rights.
Workplace discrimination is against the law
The US has very strict laws against discrimination, particularly for a pregnant woman. Colorado also offers protections if you believe you’ve been targeted because of your pregnancy. Call The Civil Rights Litigation Group today at (720) 515-6165 for a free consultation. We’re experienced in helping people like you fight back. We can help you file your EEOC complaint, and represent you in court when the time comes.
Losing a loved one is always difficult, no matter what the circumstances. Should the loss be a result of another’s negligence, you do have a possible legal recourse: a wrongful death lawsuit. Although wrongful death is a form of a personal injury lawsuit, the rules are somewhat different.
You may be wondering why you would file a lawsuit after you’ve been through the grief of a funeral and handling the deceased’s final affairs (such as reading a will, cleaning out their home, or closing accounts.) Filing a wrongful death suit could bring financial recovery for your damages as well as closure for you and your family.
What wrongful death means
This is a civil suit, not a criminal one, and establishes the liability of another individual or entity in the death of another person. In the case of a vehicular accident, a criminal case would be a separate action, and would likely not involve the recovery of damages like a civil suit would.
The state of Colorado describes a wrongful death as one that you, as a plaintiff, would need to establish that the defendant’s negligence, recklessness, or intentional behavior caused the incident.
Think of it this way: if the deceased were still alive, could they have filed a personal injury lawsuit for themselves? If so, you may be able to file a wrongful death suit, since it’s a personal injury suit on behalf of a deceased individual.
Depending on the circumstances of the wrongful death, a lawsuit may also give you additional answers. Our free consultation will give you more details so you can make an informed decision.
Colorado’s statute of limitations
If you are considering a wrongful death lawsuit, it’s important to speak with an attorney immediately. Colorado allows two years from the date of the incident to file. After that, your lawsuit will be dismissed, and you’ll lose your rights to any claims. There are some rare, limited exceptions, but as a rule, the limit is two years.
One exception is for a car accident, in which the driver is convicted of vehicular homicide as well as leaving the scene of the accident. If a jury convicts the driver on both charges, the time limit for filing will become four years.
Since there are some exceptions to the two-year time frame, don’t assume your time has passed to file. A Colorado wrongful death attorney can review your case and let you know what your options are.
Recovering financial damages for wrongful death
Since wrongful death is a form of personal injury lawsuit, you may be able to recover many of the same damages, such as:
Medical expenses for the deceased
Funeral expenses for the deceased
Pain and suffering on behalf of the individual
Lost benefits, current and future wages, and inheritance, such as a life insurance policy
Other related expenses
Punitive damages, or “punishment,” to deter others from committing the same negligence
Colorado does not have “damage caps” on lost wages, but does restrict punitive damages.
In the first year after the death, a surviving spouse may file a wrongful death suit. If, after that year, the spouse does not file, the surviving children as well as the spouse can file. If the decedent has no spouse or children, his or her parents can file at any time, but if they choose not to file, the parents will be unable to file.
A representative of the deceased’s estate may also file a lawsuit, including any beneficiaries who lost an inheritance as a result of the deceased’s passing.
Denver’s wrongful death attorney
Our attorneys understand the pain and difficulty of filing a wrongful death suit after losing a loved one through another’s negligence. We can work with you to help you through the legal process.
It’s difficult to go to a job every day and witness inappropriate or even illegal conduct, knowing it’s wrong. Every day, thousands of people in Colorado are afraid to say anything for fear of losing their jobs, or worse. Afraid of being labeled a whistleblower.
But if your employer does turn on you as a whistleblower in you do have protections against retaliation, including the ability to file a lawsuit if necessary.
Colorado’s at-will employment
Giving two weeks’ notice when terminating your employment is a custom, or company policy, but isn’t required by law.
With nearly any employer in the state, your employment is called at-will, meaning both you and your employer can terminate it at any time, without a reason. However, terminating employment for cause has to be for a legal reason, such as poor performance or violating company policies.
Protection for a whistleblower
The state of Colorado offers whistleblower protection for both public and private employees against retaliation after exposing illegal actions or policies.
Colorado code §24-114- 101: Private employees
An employer may not administer disciplinary action for disclosures of information
An employee must make an effort to provide the information directly to a supervisor or other internal authority before disclosing the information to an outside source
An employee can bring a civil lawsuit and seek damages and other relief
Colorado code § 24-50.5- 101 to 107: Public employees
Employees of the state of Colorado are protected from disciplinary actions by an employer for disclosing information with regard to illegal policies or actions that are not in the public interest
An employee must file a written complaint within 10 days of the retaliatory incident(s) with a state personnel board
If approved, the employee may recover back pay, obtain reinstatement and other related compensation
Should the board deny the complaint, an employee may file a civil lawsuit.
There are also common law protections for employees who:
Perform a public duty
Refuse to perform an illegal act
Exercise an important job-related right or privilege, such as filing a workers compensation claim.
Healthcare workers are also protected by the act called “Concerning Protection for Health Care Workers who Report Patient Safety Information.” Enacted in 2007, it allows workers in the healthcare industry to report their concerns about patient safety without fear of retaliation from their employer. Workers are encouraged to report conduct that could adversely affect patient care or healthcare standards in Coloardo.
Colorado protects employees who refuse to perform any illegal acts as a part of their regular work-related duties. The Colorado Supreme Court has also stated that an employee should not be faced with the choice of losing his or her job and obeying an employer’s order but violating the law.
However, there are exceptions in which you would not be protected as a whistleblower in Colorado:
Employees who knowingly disclose false or fraudulent information, or disclose information with “reckless disregard” for its truth
Employees who disclose information from public records that are closed to inspection by the public beyond specific government representatives
Employees who disclose other confidential information not disclosed to the public
Federal whistleblower protections
There are a number of federal protections for whistleblowers. Many are administered by OSHA (the Occupational Safety And Health Administration.) Since Colorado is a federal-OSHA state, these laws cover federal employees and private companies with 10 or more employees.
Additionally, the Whistleblower Protection Act protects federal employees who report incidents of waste, mismanagement, abuse of authority, law or regulation violations, or danger to the public safety.
If you’re a whistleblower in Colorado, the state allows two years for you to file a complaint against your employer for retaliation. If you are planning to file a lawsuit, it’s important to meet with a civil rights attorney as soon as possible.
Contact the Civil Rights Litigation Group in Denver
Deciding to blow the whistle on wrongdoing at your job is a courageous act that can bring unwanted consequences that you weren’t expecting. Whistleblowers have been responsible for a number of corrections that would not ordinarily have been addressed without them.
But if your employer retaliates against you or another employee after becoming a whistleblower, contact a leading civil rights attorney to represent you.
The Civil Rights Litigation Group is dedicated to protecting the rights of employee whistleblowers who are targeted with retaliation. We’ll vigorously pursue lawsuits against employers who have retaliated against employees, and will fight to get you compensation for your damages.
In any corner of the Internet, there are bloggers to talk about anything and everything. Food. Fashion. Culture. Trends. Anything people talk about. Supplemented by social media, a blogger can be unknown one day and known around the world the next. And they may not know their first amendment rights.
You may be considering a blog of your own. Maybe you want to talk about Denver’s restaurant scene, the city’s LGBT-friendly places to visit or the annual Denver Pride Fest. Or you’d like to inform the general public about a problem or two that not everyone knows about. Once you set up your website and start writing, you may wonder if you can say whatever you want. Yes, and no. Blogging is, for the most part, protected speech under the First Amendment. But before you start posting about something, there are a few things you need to be aware of.
What fhe First Amendment says
The actual text says:
“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 peaceably to assemble, and to petition the government for a redress of grievances.”
Free speech includes making statements about a person or topic that are truthful or based on an honest opinion. But there are exceptions, including:
Fighting Words — face-to-face confrontations that will probably lead to a fight (Chaplinskyv. New Hampshire ,1942)
Whether you work for a news organization or not, as a blogger you are still protected by the First Amendment. Indeed, many bloggers have uncovered stories that have undermined the so-called mainstream media, or stories the MSM ignored but needed to be told. Differentiation between opinion and fact is also important in a blog post. What happens when you say something someone doesn’t like?
Montana Blogger Crystal Cox is a blogger who considers herself a whistleblower, wrote a series of blog posts accusing Obsidian Finance Group and a bankruptcy trustee of tax fraud. Obsidian sued and won after a lower court found that because Cox wasn’t a paid journalist, Obsidian didn’t have to prove that Cox acted with negligence.
However, the 9th U.S. Circuit Court of Appeals in San Francisco ruled Cox was entitled to a new trial, even though she isn’t formally a reporter. “As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable,” 9th Circuit Judge Andrew Hurwitz wrote for a unanimous three-judge panel in the case. The attorney for Obsidian and their trustee, Steven Wilker, also observed that the 9th Circuit did not dispute that Cox’s statements and accusations were, indeed, false.
While Cox has been accused of making allegations of fraud and other illegal activities in exchange for payoffs for retractions, she was still found to be protected by the First Amendment. The 9th Circuit ruled that Obsidian would be required to show that Cox exhibited “negligent behavior.” In January of 2014, represented by UCLA School of Law professor Eugene Volokh, Cox won on appeal, giving bloggers the same protections as traditional journalists.
Free speech is a civil right
Are you considering starting your own blog? You’re in good company, and the First Amendment is on your side. But there are some responsibilities that go along with freedom of speech.
If someone has threatened your right to free speech, you can fight back. Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
A loved one was killed in a drunk driving accident. A child dies from injuries due to a defective baby bed. Or someone died in the hospital after a simple surgical procedure. Can you file an action for a wrongful death?
This type of suit is similar to a personal injury suit that an injured person would file after an accident. The difference is that that the surviving spouse, parents, children or other dependents would file it on behalf of the deceased individual. If they are successful, they may be awarded damages for wrongful death. Let’s look at how this works.
What is wrongful death?
When someone dies as a result of negligence, or intentional reckless actions of another individual, it’s called a wrongful death. The causes can include:
A car accident, whether a drunk driver or another driver’s negligence
Workplace accidents (especially those that were preventable)
Severe slip & fall accidents (also called “premises liability”)
Medical malpractice
Defective products (including vehicles and parts)
Nursing home abuse and negligence
Prescription drug side effects that caused death
Other cases of individual negligence that caused an unnecessary death
A surviving spouse, children, or in some cases, surviving parents, can file a wrongful death suit on behalf of a deceased person.
A note about workplace accidents
Survivors will usually be entitled to death benefits through Colorado’s worker’s compensation system. In some cases, you may be able to file a wrongful death suit. Workers who died as a result of asbestos exposure may be considered a wrongful death. Consult with an attorney who is experienced in wrongful death cases to find out if the workplace accident qualifies, and if you are able to file suit.
Colorado’s Wrongful Death Act allows the surviving spouse the initial and exclusive rights to file a claim during the first year the death of their spouse. After that, a surviving spouse and children may bring a claim. If the deceased had no spouse and/or children, his or her parents can pursue a claim for wrongful death, including the first year.
Additionally, a representative of the deceased’s estate can also file a survival action to recover specific types of losses from the estate.
Wrongful death monetary damages
Spouses, children and/or parents may be awarded monetary damages that compensate them for the loss of the individual. Those damages may include:
Loss of future wages
Benefits as a result of the loss, such as life insurance
Loss of companionship, love, care, and protection that the deceased provided
Plaintiffs may also request damages for:
Medical expenses from the deceased’s fatal injury or illness
Funeral/burial expenses
Punitive damages, or “punishment” to a wrongdoer for his or her negligence, and as a deterrent to others who might commit the same negligence
Colorado doesn’t have caps on economic losses (lost wages, etc.) But punitive damages are currently limited to $468,010 for pain and suffering. Other limits apply to different types of cases.
A wrongful death claim is a civil claim, and the only punishment involved is financial. However, a criminal case filed in the same action doesn’t preclude a family member from filing a civil suit. This can happen in the case of a vehicular homicide—the state will file criminal charges and bring a criminal action, and the family can file a wrongful death case at the same time.
Wrongful death suits in Denver
Losing a loved one is never easy. A wrongful death can be even harder. Our attorneys understand the pain and difficulty of a lawsuit after losing a loved one. We will work to guide you through the legal process.
