A long-standing legal dispute continues between Aurora and Denver regarding liability for excessive force claims related to the police response during the George Floyd protests in 2020.
Aurora has brought the case to court, seeking a determination on whether Denver should cover $2.6 million in legal fees and settlements associated with claims that arose during these protests held at the state Capitol.
The core of Aurora’s argument rests on the assertion that Denver must assume financial responsibility for settlements connected to claims against Aurora officers dispatched to the Capitol upon Denver’s request.
In the lawsuit, Aurora states, “Denver has refused, and so Aurora now seeks a declaration establishing that Denver does in fact have that obligation.”
During the height of the George Floyd protests, Denver requested assistance from Aurora under a standard mutual aid agreement between the two cities.
However, when numerous protesters, journalists, and lawmakers filed lawsuits against the City of Denver for alleged civil rights violations and injuries stemming from police actions such as the use of tear gas, pepper balls, and rubber bullets, some of these claims specifically implicated Aurora officers.
Particularly, Denver has faced significant financial repercussions from lawsuits arising from these protests, with cost estimates exceeding $14 million.
In contrast, Aurora faced six separate lawsuits directly naming its police force, spawned by allegations of excessive force.
City Attorney Pete Schulte reported that five of these lawsuits were settled for a total of $1.42 million, while one was dismissed.
In total, the financial impact on Aurora, including legal fees and associated expenses, reached $2,667,107, all sourced from the city’s risk fund.
Aurora officials believed that under the mutual aid agreement, Denver would cover any liabilities incurred by Aurora officers operating under Denver’s command.
This perspective has been contested by former Denver Mayor Mike Hancock, who has claimed that Aurora police acted independently and, therefore, Denver should not be liable for their actions.
“Denver’s decision not to indemnify the Aurora officers who responded to Denver’s calls for mutual aid during the 2020 protests occurred under Mayor Hancock,” stated Aurora spokesperson Ryan Luby in an email.
Furthermore, after Aurora’s Mayor Mike Coffman reached out to current Denver Mayor Mike Johnston to seek an indemnification resolution, Johnston and his team declined, maintaining Denver’s position.
The dispute has escalated to the extent that in July 2023, the Aurora City Council voted to suspend its mutual aid agreement with Denver, a decision that remains in effect until the lawsuit is resolved.
As Luby noted, “Coffman put forward the 2023 resolution as a result, and litigation is still pending to force Denver, under state law, to indemnify Aurora’s officers and cover all of Aurora’s related legal expenses to date.”
While both cities remain embroiled in this legal battle, Schulte mentioned that since the suspension of the mutual aid agreement, Denver has not sought assistance from Aurora, instead opting for collaboration with other municipalities and counties.
The existing mutual aid agreement between the two cities pertains exclusively to planned civil disturbances, as clarified by Luby, distinguishing it from operations against criminal activities on the cities’ borders.
Although Aurora is primarily seeking reimbursement of $2.7 million in costs, the underlying issue extends to the interpretation of mutual aid agreements under Colorado state law and the potential precedents they may establish.
Retired New York State Police trooper and current legal studies professor Terrence P. Dwyer remarked, “Mutual aids are just strictly contractual agreements.”
Under the so-called ‘borrowed servant’ rule, the borrowing city—here, Denver—is generally held accountable for any injuries caused to officers acting under its command.
However, Dwyer explained that when allegations of civil rights violations arise, liability can shift.
“If you go into the civil rights lawsuit and it becomes a civil action, in that regard, it’s the lending municipality; Aurora can be liable for the actions of their officers,” he noted, suggesting that Aurora could still bear responsibility if its officers committed police brutality while aiding Denver.
Additional nuances could arise from Colorado law or specific language within the mutual aid agreement that might alter liability assignments.
Currently, the case remains in the discovery phase, with recent motions indicating that the City and County of Denver may delay the next court date for up to a year.
Both cities are engaged in this legal struggle, with third-party law firms tasked with their representation: Holland and Hart for Aurora, and Garnett, Powell, Maximon, Barlow, and Farbes for Denver.
image source from：sentinelcolorado
