Index
Civil RightsColorado, USA

Colorado Enhance Law Enforcement Integrity Act

Summary

Following the 2020 protests, Colorado became the first state to completely eliminate the defense of 'Qualified Immunity' for local police officers facing civil rights lawsuits under state law.

Rights & Rules

  • 01.
    If a Colorado police officer violates your constitutional rights (e.g., uses excessive force or conducts an illegal search), you can sue the individual officer directly in state court.
  • 02.
    The officer CANNOT use the federal defense of 'Qualified Immunity' to get the case thrown out.
  • 03.
    If the officer is found to have acted in bad faith, they can be held personally financially liable for 5% of the judgment or $25,000 (whichever is less). Their police department pays the rest.
  • 04.
    Police officers are now legally required to intervene if they see another officer using excessive force.

Penalties

  • 01.
    Officers who fail to intervene in excessive force incidents can lose their POST certification (they can never be a police officer in Colorado again) and can be charged criminally.

Verified Citations

Colorado Revised Statutes Section 13-21-131

Source
"Qualified immunity is not a defense to liability pursuant to this section... A peace officer who intervenes in an incident of excessive force shall not be subject to retaliation..."