Denver Attorneys Secure Jury Verdict for Police Officer Against Excessive Force Claims

Denver partner William O’Connell obtained a defense verdict for a Denver police officer against an excessive force claim under Colorado’s Enhance Law Enforcement Integrity Act in an officer-involved-shooting case.

Excessive Force Claims Arise During Arrest

In the early morning hours of July 17, 2022, Denver Police Department officers observed Plaintiff Jordan Waddy outside the Larimer Beer Hall punch a man in the face, attempt to flee, and when later confronted by the officers, pull a gun out of the front pocket of his hoodie, at which point three police officers shot Waddy multiple times. Waddy claimed that he was attempting to surrender and removing the gun pursuant to officer commands. The Defendants included officers Kenneth Rowland, Brandon Ramos, and Meagan Lieberson.

Waddy sustained life-threatening injuries including a splenic fracture treated with a splenectomy, two serosal tears of the colon, and multiple rib fractures. Because Waddy was prohibited from possessing a weapon due to a prior felony conviction, he was later charged with Possession of a Weapon by a Previous Offender and is currently incarcerated.

Jury Determines Use of Force Reasonable

In order to prove his excessive force claim, Plaintiff was required to establish that the three defendant officers’ use of force was objectively unreasonable under the totality of the circumstances. The jury was instructed that an officer may not use deadly force, including shooting of a firearm at a suspect, unless the suspect poses an immediate threat of death or serious physical injury to the officers or others, from the perspective of a reasonable office.

The jury deliberated for approximately 7 ½ hours before returning its verdict in favor of Defendants.