Denver Trial Team Obtain Complete Defense Verdict Against Civil Rights Claims of Almost $1.7M

Civil Rights Claims and Objective Reasonableness Standard

In the early morning hours of June 25, 2022, Officer Cody Lane of the Denver Police Department responded on foot to an emergency call from a fellow officer who was working an off-duty assignment at a restaurant and bar. While Officer Lane was attempting to assist his fellow officers, the Plaintiff approached Officer Lane and began interfering with his efforts.

While standing less than a foot from Officer Lane and carrying a video camera and other pieces of camera equipment, the Plaintiff refused Officer Lane’s multiple commands to back up. Instead, the Plaintiff screamed multiple profanities at Officer Lane. Given the Plaintiff’s behavior, proximity, and refusal to comply with multiple lawful orders, Officer Lane believed that the Plaintiff had the means and ability to assault him and reasonably feared for his safety. Officer Lane then used two open hands to push the Plaintiff away from him to create space. The Plaintiff fell and allegedly injured his right knee.

The Plaintiff brought excessive-force and speech-retaliation claims under Article II, Sections 7 (the state equivalent to the 4^th Amendment to the United States Constitution) and 10 (the state equivalent to the free speech clause of the 1^st Amendment to the United States Constitution ) of the Colorado Constitution. Plaintiff sought compensatory damages for medical expenses and emotional distress, as well as punitive damages.

In order to prove the excessive force claim, Plaintiff was required to prove that Officer Lane’s use of force was objectively unreasonable under the totality of the circumstances. In order to prove the retaliation claim, Plaintiff was required to prove that his speech was a substantial or motivating factor in Officer Lane’s decision to use force.

The jury deliberated for less than three hours before returning verdict in favor of Officer Lane on both of Plaintiff’s claims.