How do I sue police for misconduct in Colorado?
1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.
2. Qualified Immunity. The Tenth Circuit applies federal QI under Saucier/Pearson. But Colorado state-law civil-rights claims under SB20-217 are not subject to QI.
3. Colorado State-Law Alternative. Colorado's Enhance Law Enforcement Integrity Act, codified at Colo. Rev. Stat. § 13-21-131, creates a private right of action against any peace officer who, under color of law, subjects another to deprivation of rights secured by the Colorado Bill of Rights. The statute explicitly abolishes qualified immunity, makes the local government the indemnifying entity, and awards reasonable attorney fees and costs to prevailing plaintiffs. The officer must contribute up to 5% or $25,000 if the employer determines the officer did not act in good faith.
4. Monell Liability. A municipality is liable under federal § 1983 only when an official policy, custom, or failure to train caused the constitutional violation. Under § 13-21-131, the employing local government is directly liable.
5. Statute of Limitations. Section 1983 borrows Colorado's 2-year personal-injury SOL (Colo. Rev. Stat. § 13-80-102). Section 13-21-131 claims have a 2-year SOL.
6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.
7. Damages. Compensatory and punitive damages under § 1983 (punitives against individual officers only) plus 42 U.S.C. § 1988 attorney fees. Under § 13-21-131, prevailing plaintiffs receive mandatory attorney fees.
8. Notice of Claim. The Colorado Governmental Immunity Act (Colo. Rev. Stat. § 24-10-109) requires 182-day notice for state-tort claims; § 1983 and § 13-21-131 do not require notice.
9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).
This is legal information, not legal advice.
- You were injured by a Colorado peace officer and want to use SB20-217 to defeat QI
- You need a § 13-21-131 claim's mandatory fee-shifting to attract counsel
- You suspect a pattern supporting a Monell claim against Denver PD or a county
- 42 U.S.C. § 1983
- 42 U.S.C. § 1988
- Colo. Rev. Stat. § 13-80-102
- Colo. Rev. Stat. § 13-21-131 (SB20-217)
- Colo. Rev. Stat. § 24-10-109
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.