When I defend someone in a criminal case, one question comes up again and again: can I sue the cops? It is a fair question. The honest answer is that sometimes you can, but it is harder than most people think. The good news is that Colorado gives you more power to sue the police than almost any other state. Here is how it really works, in plain English.
Did the Police Have Probable Cause?
Before you can sue, courts usually ask one thing first: did the police have probable cause? Probable cause means the officer had a fair and reasonable reason to act, based on what they knew at the time. It is a low bar. The officer does not have to be right. They only have to be reasonable. And police are trained to write their reports in a way that shows probable cause. If the police had probable cause for what they did, a lawsuit usually will not work.
What Is Qualified Immunity?
Say you can show the police did not have probable cause. You still have to get past a rule called qualified immunity. Qualified immunity protects officers unless you can prove two things. First, that they broke the law. Second, that the law they broke was "clearly established." That means a court had already said this exact kind of act is illegal. If the violation was not obvious, the officer often wins. The government writes these rules, and it does not make it easy to sue itself.
Colorado Removed Qualified Immunity in State Court
Here is where Colorado is different from most of the country. After the 2020 protests over police accountability, Colorado passed a police reform law called Senate Bill 20-217. Part of it became C.R.S. § 13-21-131. The law did a lot, but for suing the police, the key part is simple. In Colorado state court, police cannot use qualified immunity as a defense when they violate your state constitutional rights.
The law also puts officers on the hook. By default, the officer's employer (the police department or city) must pay any judgment or settlement. But there is an exception. If the employer decides, after a documented investigation, that the officer did not act with a good-faith and reasonable belief that they were following the law, then the officer may have to pay part of it themselves. That share is 5% of the judgment or $25,000, whichever is less. And if the officer cannot pay that share, the employer or its insurance still has to cover the full amount. In real life, departments rarely try to push the bill onto the individual officer.
Do Not Miss the 182-Day Deadline
Colorado has a strict deadline you cannot miss. Under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109), you have to send a written "notice of claim" to the right government agency within 182 days. The clock usually starts the day you knew, or should have known, about the injury. This deadline is strict. Courts treat it as all-or-nothing. Miss it, and you can lose your right to sue forever. That is why you should talk to a lawyer fast.
Why State Court Is Usually Better
Because Colorado's law is so strong, it is usually better to file your case in state court, not federal court. A skilled lawyer can write the complaint to focus on your state rights. Done right, this keeps the case in state court, where Colorado law gives you stronger protection than federal law does.
Not Every Wrong Makes a Good Lawsuit
Even when police do something wrong, not every case is a strong civil rights claim. Some are. Many are not. The facts, the timing, and the type of right involved all matter. That is why it helps to have someone look closely at what really happened. In my own practice, I have won suits and settlements for clients in cases involving illegal searches and seizures and free speech (First Amendment) claims against Colorado police departments.
Questions About Suing the Police in Colorado
Can you sue the police in Colorado?
Yes. A 2020 law, C.R.S. § 13-21-131, lets you sue officers in state court for violating your state constitutional rights, and they cannot use qualified immunity as a defense.
What is qualified immunity?
Qualified immunity is a legal shield that protects officers from lawsuits unless you can show they broke a "clearly established" rule of law. Colorado removed this defense in state court for state constitutional claims.
How long do I have to sue the police in Colorado?
Under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109), you must send a written notice of claim within 182 days of discovering your injury. Missing this deadline can bar your case for good.
Can a Colorado police officer be made to pay out of their own pocket?
Sometimes. If the officer's employer finds they did not act in good faith, the officer can owe 5% of the judgment or $25,000, whichever is less. Otherwise, the employer pays. If the officer cannot pay that share, the employer or its insurance must still cover the full amount.
Is it better to sue police in state or federal court in Colorado?
Usually state court. Colorado removed qualified immunity in state court and gives stronger protections than federal law, so most cases are stronger there.
Related Reading
- The Fourth Amendment, Colorado Traffic Stops & Rodriguez
- Drug Possession and Distribution Charges
- Criminal Appeals
