I have spent my entire legal career representing people whose rights were violated by public officials. The question I hear most often from people whose civil rights may have been violated is some version of: “Do I have a case?” In Colorado, that answer can depend in large part on qualified immunity. This page explains why.
What qualified immunity is
When someone sues a police officer in federal court for violating their constitutional rights, the officer can ask the court to dismiss the case on qualified immunity. Under that doctrine, an officer is protected from damages unless the right they violated was “clearly established” by earlier cases with similar facts. A court can decide the officer did something unconstitutional and still dismiss the case because no earlier case matched closely enough. That is why many strong federal cases never reach a jury.
What Colorado changed
In June 2020, Colorado enacted Senate Bill 20-217, the Enhance Law Enforcement Integrity Act. It created a new cause of action in state court, now at C.R.S. § 13-21-131, against a peace officer who, acting under color of law, deprives someone of rights secured by the Colorado Bill of Rights. The statute says qualified immunity is not a defense to that claim.
Four features of the statute matter most in practice:
- No qualified immunity defense. The “clearly established” argument that sinks federal claims is not available against the state claim.
- Attorney fees for people who win. A prevailing plaintiff is entitled to reasonable attorney fees, which makes it possible to bring cases that would otherwise not be economical.
- Who pays. The officer’s employer must generally indemnify the officer. If the employer determines the officer did not act in good faith and with a reasonable belief that the conduct was lawful, the officer is personally responsible for the lesser of 5% of the judgment or $25,000, and if the officer cannot pay, the employer covers the rest.
- Two years to file. The limitations period is two years, and the statute provides that the Colorado Governmental Immunity Act, which has its own short notice deadlines for other claims, does not apply to this claim.
What it does not change
The Colorado claim does not make a case easy. You still have to prove that an officer violated a right protected by the Colorado Bill of Rights, such as the protection against unreasonable searches and seizures or the guarantee of due process. The statute applies to peace officers as it defines them, so whether a particular government employee is covered has to be checked case by case. And it does not protect against every kind of government misconduct. Still, the claim can be a powerful tool for holding peace officers, including police officers, accountable for official misconduct.
How I use it in practice
I usually evaluate a police misconduct case under both the federal statute, 42 U.S.C. § 1983, and § 13-21-131, because the two claims can lead to different outcomes. Where a federal claim faces a serious qualified immunity problem, the Colorado claim may still be viable. The two can be filed together, and a federal court generally can hear the state claim alongside the federal one.
If you were told your case is dead
Ask the lawyer whether they analyzed § 13-21-131 and not just § 1983. If they did not, a second opinion is reasonable. I am glad to give one, and I will tell you honestly if I think the case is not viable.
Frequently asked questions
Does Colorado’s law apply to every police officer in Colorado?
It applies to peace officers as defined in the statute, which include municipal police and sheriff’s deputies. Whether it reaches a particular officer or agency depends on the facts.
Does it apply to federal agents?
It likely does not. Claims against federal officers follow different rules.
Can I still bring a federal claim too?
Often, yes. Many cases include both.
What is the deadline?
Two years for the Colorado claim. Other claims, and notice requirements for some claims against government bodies, can be shorter, so do not wait.
Talk to me about your case
If you think a Colorado officer violated your rights, request a consultation or call (720) 316-8061.
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.