PACKARD v. CITY AND COUNTY OF DENVER
No. 24-1367 (D.C. No. 1:20-CV-01878-RBJ) (D. Colo.)
The death of George Floyd at the hands of police officers in Minneapolis sparked demonstrations throughout the United States and around the world protesting against police brutality, particularly police brutality against black people.
In Denver, thousands protested for several consecutive days, from May 28 through June 2, 2020, with demonstrations lasting up to sixteen hours a day. At times and places during these demonstrations, some among the protestors acted violently, assaulted police officers, looted, and destroyed property. “[T]he Denver Police Department faced a Herculean task” in policing the demonstrations. There were also times when some Denver police officers, and some officers from nearby jurisdictions who were aiding the Denver Police Department (“DPD”), indiscriminately and unjustifiably used force against those who were peacefully protesting.
This appeal addresses police use of force against peaceful protestors. After a three-week trial, a jury found that the City and County of Denver was liable for the unconstitutional force officers used against the twelve protestors who brought the 42 U.S.C. § 1983 claims at issue in this appeal. Denver challenges the jury’s verdict, asserting a number of grounds for relief. We reject Denver’s arguments and uphold the jury’s verdict. We do so based specifically on the jury’s finding that Denver inadequately trained its officers.
Senior Judge R. Brooke Jackson
Panel: CARSON, EBEL, and FEDERICO, Circuit Judges. (Entered for the Court by Judge Ebel.)
Decision: We AFFIRM the jury’s verdict holding Denver liable for its officers violating Plaintiffs’ constitutional rights.
Read the entire opinion here.