Police Shootings in Colorado

What constitutional rights protect citizens from deadly use of force and police shootings?

The Fourth Amendment to the United States Constitution and Art. II, section 7 of the Colorado Constitution guarantee citizens the right to be free from excessive force including deadly force and unjustified police shootings. This same right applies to pre-trial detainees who are detained in jail under the Fourteenth Amendment to the United States Constitution and Art. II, sections 16 and 25 of the Colorado Constitution. The right to be free from deadly use of force also applies to prisoners who have been subjected to deadly force by prison corrections officers under the Eighth Amendment to the United States Constitution and Art. II, section 20 of the Colorado Constitution.

What is an unconstitutional police shooting or unconstitutional use of deadly force?

In Tennessee v. Garner, 471 U.S. 1 (1985), the Supreme Court held that individuals could not be shot unless they presented an imminent threat. “Apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment.”

When a police officer has probable cause to believe that a suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable for police to use deadly force. If the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given.

In Colorado state and federal courts, civil rights claims of excessive force – including the deadly use of force that arises in police shooting cases – are analyzed under the objective reasonableness standard. The reasonableness of an officer’s decision to use deadly force or shoot an individual must be assessed from the perspective of a reasonable officer on the scene, recognizing the fact that the officer may be forced to make split-second judgments under stressful and dangerous conditions. The Fourth Amendment standard in police shooting incidents requires an inquiry into the factual circumstances surrounding the shooting. Courts determine whether an officer’s use of deadly force was objectively reasonable by evaluating it under the factors laid out in Graham v. Connor, 490 U.S. 386, 397 (1989), considering

the severity of the crime at issue,
whether the suspect poses an immediate threat to the safety of the officers or others, and
whether the suspect is actively resisting arrest or attempting to flee.

When do unconstitutional police shootings cases happen in Colorado?

Unconstitutional police shooting cases arise when police officers use unjustifiable deadly force in violation of a citizen’s constitutional right to be free from unreasonable seizures. Although police officers are authorized to use deadly force when a suspect poses a threat of serious physical harm to either the officers or others, the degree of force the officer uses in effectuating the seizure must be objectively reasonable under the circumstances. If not, the police officer has violated a citizen’s constitutional rights, and the citizen may have an actionable civil rights excessive force claim against the police or corrections officer.

Not all police shootings will rise to the level of excessive force. Rights & Liberties Law Firm has created a list of relevant factors that can help determine if an excessive force unconstitutional use of force claim may exist. This list is not exhaustive. No single fact alone is dispositive. All facts must be weighed according to the totality of the circumstances. Below is a table listing common factors litigants, courts, and juries will look at when deciding if a police officer’s use of force was objectively reasonable or constituted unconstitutional excessive force for which the police officer may be found liable.

Excessive Force Factors

in Police Shooting Cases

Factors that may weigh in favor of finding excessive force

Police did not contact citizen to investigate a crime

Police contacted citizen to investigate a non-serious non-violent misdemeanor or petty offense

Citizen did not try to escape from police

Citizen did not threaten police

Citizen bad mouthed or talked back to police but showed no signs of physical aggression

Citizen was not aggressive towards police

Citizen did not resist police

Citizen did not try to use force on police

Citizen did not use force on police

Citizen was unarmed

If the citizen was armed, citizen did not pull weapon, display weapon, or threaten to use the weapon on police officer during the encounter

Other individuals on scene did not cause police officer to reasonably believe their safety was endangered

Factors that may weigh against a finding of excessive force

Police contacted citizen to investigate a serious, violent felony offense

Police knew they were contacting citizen to investigate a serious, volent felony offense

Citizen tried to escape from police

Citizen threatened police

Citizen bad mouthed or talked back to police while being physically aggressive

Citizen was aggressive towards police

Citizen resisted police

Citizen tried to use force on police

Citizen used force on police

Citizen was armed with a weapon

Citizen was armed with a weapon and pulled the weapon, displayed the weapon, or threatened to use the weapon on police officer during the encounter

Other individuals on scene caused police officer to reasonably believe their safety was endangered

Common Police Shooting Scenarios

Police shootings cases often involve overzealous police officers using extreme force in situations that do not justify such violent, painful, dangerous, and deadly uses of force. The most extreme excessive force cases involve police officers who shoot or kill citizens without justification during the police citizen encounter. Other police shootings may fall into the category of justified use of deadly force. Police officers, like anyone else, have the right to defend themselves from serious physical harm. But cops don’t have a license to kill. Here are some types of police shooting scenarios litigants, courts, and juries will look at when deciding if a police officer’s use of force and the amount of force used was objectively reasonable or constituted unconstitutional excessive force for which the police officer may be found liable:

Subject fleeing
Subject armed with a gun
Subject armed with a knife
Subject armed with another weapon
Subject armed but not threatening

Subject not armed
Subject fleeing in motor vehicle
Subject using motor vehicle as weapon
Subject suffering from mental illness
Subject mistaken identity

Subject engaged in physical struggle with police
Accidental discharge of police firearm
Police shooting without warning
Police shooting of unintended bystanders

Justice, damages, and compensation for victims of police shootings

When a person has been shot by a police officer, that person may have been subject to an unreasonable seizure in violation of their constitutional rights. This constitutional violation may be actionable as an excessive use of force civil rights suit.

As citizens have a constitutional right to be free from excessive force, if the individual who engaged in excessive force is a government official, which police officers are, then the citizen has the right to bring a civil rights suit under 42 U.S.C. § 1983 and C.R.S. § 13-21-131.

The purpose of an excessive force civil rights suit in a police shooting case is to hold police officers who abuse their powers accountable and to compensate a person for the pain, suffering, and damages the police officer caused. These damages may include compensation for actual economic damages like medical expenses caused by the excessive force incident, losses, compensatory damages like physical and mental pain, humiliation, fear, anxiety, loss of enjoyment of life, loss of liberty, privacy, and sense of security and individual dignity, punitive or exemplary damages, attorney fees, costs, loss of reputation, loss of income, and other damages stemming from a police shooting incident

Proving an excessive use of force civil rights claim in Colorado

In a claim for excessive use of force, the plaintiff must prove by the preponderance of the evidence that

Defendant was a “Peace Officer;” acting under color of law;
Defendant seized the Plaintiff; and
in seizing the Plaintiff, Defendant used a level of force that was objectively unreasonable under the circumstances.

The court will instruct the jury that when determining reasonableness in the use of excessive force context a jury shall consider, among other factors: (1) the severity of the suspected crime; (2) whether the suspect posed an immediate threat to the safety of officers; and (3) the suspect’s degree of resistance. The jury may also consider the extent of any injuries suffered by the plaintiff, the officers’ efforts to minimize the amount of force, and the legitimate government interests furthered by the use of force such as the need to maintain officer or public safety.

If the jury finds that all three elements of excessive use of force have been proven by the preponderance of the evidence, the defendant police officer will be found liable for having violated the plaintiff’s constitutional right to be free from unreasonable seizures amounting to excessive use of force. The jury will also determine the amount of damages to be awarded to the plaintiff.

What is the statute of limitations for an excessive force civil rights claim in Colorado?

The statute of limitations for civil rights suits in Colorado brought under 42 U.S.C. § 1983 or C.R.S. § 13-21-131 is two years from the time a cause of action accrues. Excessive use of force civil rights claims arising out of police actions toward a citizen are presumed to have accrued when the actions actually occurred.

Contact Denver’s trusted police shooting attorney to find out if you have a viable excessive use of force case

Excessive use of force cases are often complex as they require an in depth understanding of the Constitution and Fourth Amendment and seizure related jurisprudence. When a person is subjected to excessive force by a police officer they can experience a wide array of harms including pain, suffering, injury, medical expenses, even death. Excessive force cases require thorough investigation and steadfast advocacy to prevail in court. A skilled excessive force attorney can help you hold the police officers who engaged in excessive force accountable for violating your constitutional rights.

To know whether or not you have a viable excessive force police shooting case, the first step is to contact Rights & Liberties Law Firm to start your free police misconduct civil rights case evaluation. If your rights have been violated and your liberties trampled by a cop who subjected you to excessive force, the attorneys at Rights & Liberties Law Firm are here to fight for you and get you the justice and compensation you deserve.

Three-Step Path to Civil Rights Representation

Step one. If you’ve been the victim of police brutality or a government officer has violated your or a loved one’s rights, complete our Free Civil Rights Case Evaluation. Confidentially upload videos, photos, and other documents of evidentiary value directly to our civil rights case evaluation portal and start the process of holding those who abuse their powers accountable for violating your rights. Civil rights cases rise and fall on the facts of the case. Our Free Civil Rights Case Evaluation is designed to gather the information necessary to determine if you have a case where we can vindicate your rights and get you the justice and compensation you deserve. Be sure to answer each question in our Free Civil Rights Case Evaluation in a detailed and clear manner.

Step two. Our team will evaluate your case. If we need additional information from you to complete your case evaluation we will contact you. Once we’ve completed your case evaluation, we will promptly contact you to let you know if we can help you with your case. If so we’ll schedule a consultation to learn more about your story.

Step three. During our consultation we’ll determine if there’s a viable path to vindicate your rights. If there is, and you’re ready to hold those accountable who violated your rights, we’ll provide you with a contingency fee agreement to review and sign. Then the fight is on. You pay nothing until we’re victorious.