Denver Criminal Defense Attorney

Have you ever been pulled over by that police officer whose attitude toward you seems ridiculously confrontational and aggressive? On the other hand, do you have friends in law enforcement who are great people, serve for the right reasons, and that you trust are protecting the community? Does not the one bad apple tend to spoil the bunch?

Undoubtedly, police officers and governmental officials are human beings like the rest of us. They can have susceptibilities to unhealthy cravings for power and control, fits of aggression and rage, and propensity toward violence and lust. When they violate rights, they must be held accountable. The fact that private citizens can sue government officials is one of the aspects of the American legal system that is exceptional and makes the United States a great country.

The historicity of the notion that individuals can redress the wrongs done to them by government agents is rich in America. Immediately after the Civil War, it became obvious that the 13th Amendment was inadequate to protect the civil rights of recently freed, impoverished slaves. Richard Briffault, Section 1983 and Federalism, 90 Harv. L. Rev. 1133, 1143 (1977)[1]. Abuses of African Americans and Union Sympathizers were widespread. Id.

In response the United States Congress enacted Section 1 of the Ku Klux Klan Act of April 20, 1871. The utility of this statute was to enforce the protections guaranteed by the 14th Amendment to the United States Constitution to all the citizens of the various states. Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 476 (1961). Later, Congress revised and moved the legislation from the Ku Klux Klan Act to 42 U.S.C. Section 1983—commonly called a “1983” claim.

In 2020, the Colorado legislature passed S.B. 20-217, “Enhance Law Enforcement Integrity Act” in response to the widespread sensationalism of police violence against certain men and women of African descent. Contained in that act was Section 13-21-131, C.R.S. This statute created a civil right of action comparable to the 1983 claim, and is Colorado specific. It is intended to give people the ability to go to court against Colorado police officers who violate the constitutional right of the citizen as guaranteed under the Colorado State Constitution. This bill was signed into law by Governor Jared Polis on June 19, 2020.

The version of § 13-21-131, C.R.S. that was enacted at the time states as follows:

(1) A peace officer, as defined in section 24-31-901(3), employed by a local government who, under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the bill of rights, article II of the state constitution, is liable to the injured party for legal or equitable relief or any other appropriate relief. § 13-21-131, C.R.S.

Similarly, 42 U.S.C. § 1983 reads:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .

U.S.C. § 1983.

If you or someone you know has had their constitutional rights violated by members of the government, local police, military, national guard, or healthcare system, please give us a call. We would love to discuss your case and the privilege to represent you against the monolithic forces of the government.