Results 1 to 4 of 4
  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Lawsuits Against Police, Statute Of Limitations, Notification, Immunity Issues

    What is the statute of limitations in Colorado for a civil suit against local city police officers?

    Is there any issue of notification?

    For example, in my state (New Mexico) you have two years to sue (anyone including the state in most cases), but if you are claiming damages against the state (or govt) and do not give notice to the state within 90 days of the event, you are permanently barred from bringing suit. If you do provide the required 90 days notice, then you have the normal two years to initiate the suit.

    Also, does anyone know what the situation is regarding immunity of state employers and officers, and if there is immunity does the state law provide for any situations where the immunity is waived?

    The clock in the case under discussion is now at about one year. The case involves local city police and ridiculous (witnessed) misconduct, falsifying reports, false arrest, civil rights issues, etc, in a DUI case where the person was on private property and wasn't even driving and the officers said they were, the judge refused to let the defendant provide themselves any defense, not even testimony or witnesses, etc.

    Thanks, Rob1
    chester1847 [at] yahoo [dot] com

  2. #2

    Default Re: Colorado: Lawsuits Against Police, Statute Of Limitations, Notification, Immunity

    If you are alleging judicial misconduct in that an adequate defense was disallowed, then you have your attorney file an appeal.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Colorado: Lawsuits Against Police, Statute Of Limitations, Notification, Immunity

    Thanks for the response. The judicial misconduct was only one small part of the equation, and I don't have all the details but the person is unable to appeal further. Their only recourse at this point is civil action.

    Please tell me the answer to the questions about statute of limitations and government notice if possible.

    Thanks very much.

    Rob1

  4. #4

    Default Re: Colorado: Lawsuits Against Police, Statute Of Limitations, Notification, Immunity

    You really should seek a qualified and experienced attorney to figure this out for you. As I read the statutes, several different ones could apply depending on how you interpret them:

    See Title 13, Limitations of Actions, Articles 80 and 82

    http://www2.michie.com/colorado/lpex...s-main.htm&2.0

    It could be one, two, or three years, depending on the EXACT subsection(s) that the case would be brought under.

    §13-80-103(1)(c) typically addresses claims against police officers and limits claims to one year - but it depends on if you are addressing individual officers, or the city as an entity.

    For an action brought against the public entity that is based on the actions of an employee, the two-year limitations period in §13-80-102(1)(h), rather than the one-year period contained in §13-80-103(1)(c), is controlling


    There is also the Colorado Governmental Immunity Act (GIA), §24-10-101, et seq., C.R.S. 1997 which says:

    24-10-109. Notice required - contents - to whom given - limitations.

    (1) Any person claiming to have suffered an injury by a public entity or by an employee thereof while in the course of such employment, whether or not by a willful and wanton act or omission, shall file a written notice as provided in this section within one hundred eighty days after the date of the discovery of the injury, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury. Compliance with the provisions of this section shall be a jurisdictional prerequisite to any action brought under the provisions of this article, and failure of compliance shall forever bar any such action.

    This section also spells out the procedure for notification.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

    1. Sponsored Links
       

Similar Threads

  1. Police Conduct: Police Immunity
    By NCC 1701 in forum Police Investigations
    Replies: 3
    Last Post: 04-25-2010, 07:23 PM
  2. Collection Lawsuits: Statute of Limitations for Lawsuits Over Credit Card Debt
    By timtim2008 in forum Credit Card Debt
    Replies: 3
    Last Post: 01-17-2010, 04:31 PM
  3. Collection Lawsuits: Statute of Limitations on Credit Card Lawsuits in Wisconsin
    By Renrut in forum Credit Card Debt
    Replies: 2
    Last Post: 12-19-2007, 07:07 PM
  4. Collection Lawsuits: Collections Lawsuits for Assigned Debts, and the Statute of Limitations
    By golfgirl in forum Debts and Collections
    Replies: 3
    Last Post: 09-30-2007, 04:03 PM
  5. Collection Lawsuits: FDCPA And Lawsuits Filed After The Statute Of Limitations Expires
    By alexwitnerss in forum Debts and Collections
    Replies: 1
    Last Post: 05-31-2007, 03:58 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document