When a police officer, jailer, or other government official violates your constitutional rights, Colorado law gives you at least two ways to hold them accountable: a federal claim under 42 U.S.C. § 1983 and a Colorado claim under C.R.S. § 13-21-131. Fairlaw Colorado represents people, never government defendants or employers, in both.
Two claims, not one
Most federal civil rights cases against officers turn on qualified immunity, a doctrine that can end a case even when a court finds a rights violation, unless earlier cases clearly established the law. Colorado’s 2020 law created a state-court claim for violations of the Colorado Bill of Rights by peace officers and provides that qualified immunity is not a defense to it. That difference changes which cases are worth bringing. Read Michael Fairhurst’s explanation of how the Colorado claim works.
Cases we handle
Police and government misconduct
- Excessive force, including Taser use
- Unlawful arrest and false imprisonment
- Unlawful home entry and unlawful searches of homes and vehicles
- Malicious prosecution, including fabricated or withheld evidence
Jails and prisons
- Inadequate medical care
- Inhumane conditions of confinement
- Disability discrimination in custody
- Failure to protect from physical or sexual violence
Equal access and public accommodations
- Denial of service or removal from restaurants, hotels, grocery stores and other businesses because of race or another protected characteristic
First Amendment and retaliation
- Retaliation for speech, association or religion
- Retaliation for whistleblowing against government entities or contractors (more on retaliation)
How a case usually moves
- Evaluation. We review what happened, what evidence exists, and which defendants and claims are viable.
- Investigation. We gather video, records, medical documentation and witness accounts, and send preservation requests where needed.
- Filing. Most cases are filed in federal court in Denver or in Colorado state court, sometimes with both federal and state claims together.
- Discovery and motions. Government defendants often file early motions to dismiss. A claim built carefully at the start is better placed to survive them.
- Resolution. Many cases settle before trial. Others go to trial. Either way, you decide whether to accept an offer. Michael Fairhurst has significant trial experience and is willing to take your case to trial if needed.
What you can do now
- Write down what happened while you remember it, including the date, place, officers’ names and badge numbers, and witnesses.
- Photograph injuries as soon as you can and keep your medical records.
- Save videos, texts and anything else that shows what occurred. Ask witnesses or businesses with cameras to keep footage.
- Talk to a lawyer before giving statements to an internal affairs investigator or posting about the incident.
Deadlines apply to every one of these claims, and some claims against government bodies have notice requirements or other limits that can be shorter than you expect. The sooner you reach out, the more options you have.
Frequently asked questions
Can I sue the police in Colorado?
Often, yes. You may be able to sue the individual officers and, under federal law and in some circumstances, the agency that employs them. Under Colorado’s state-law claim, the lawsuit is against the officer and the employer generally pays.
What if another lawyer told me qualified immunity ends my case?
That advice may only account for the federal claim. Colorado’s state-law claim does not allow qualified immunity as a defense.
How much does it cost to talk with you?
Our intake process and fee arrangements are explained when you contact us. Michael Fairhurst typically represents people on a contingent fee basis.
Talk to a civil rights lawyer
If you believe a public official violated your rights, request a consultation or call (720) 316-8061. Offices in Carbondale and Denver.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any other matter.