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Know Your Civil Rights – Does the State or Police Have to Protect You?

By Sean Simeson / November 4, 2022 / Comments Off on Know Your Civil Rights – Does the State or Police Have to Protect You?

The state generally does not have a duty to protect citizens from private harms under the 14th Amendment. DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189 (1989). The duty to preserve life is triggered when the state takes somebody into their custody.   When the state takes a person into its custody…

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Know Your Civil Rights – Does a Police Shooting Constitute a “Search or Seizure”?

By Sean Simeson / October 18, 2022 / Comments Off on Know Your Civil Rights – Does a Police Shooting Constitute a “Search or Seizure”?

The Fourth Amendment provides that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const. amend. IV.   A “seizure” of one’s person occurs when a government actor terminates one’s freedom of movement through intentional means. Brower v. Cnty.…

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Innocent Client Cleared of Sexual Assault Charges – Title IX

By Baumgartner Law / February 25, 2022 / Comments Off on Innocent Client Cleared of Sexual Assault Charges – Title IX

Our Client, DD was wrongly accused of sexual assault and the Colorado university he attended failed to fully investigate the allegations, even pursuant to their own policies. Birk Baumgartner defended the young man at a contested hearing where the stakes could not have been higher. If we lost, our client’s college career would have been…

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Where you injured in a collision that was not your fault?

By Baumgartner Law / February 4, 2022 / Comments Off on Where you injured in a collision that was not your fault?

Were you injured in a collision that was not your fault? Are you tired of battling with insurance companies? We will fight to get you what you and your family deserves.   After a collision, you have been injured and you cannot work. The medical bills are piling up an you may be wondering how…

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By Baumgartner Law / January 29, 2022 / Comments Off on

“The city’s failure to constrain its officers in any way despite being aware of the many injuries its officers had caused and were causing during the protests is clear evidence of the city’s utter and deliberate indifference to the customary use of excessive and disproportionate force toward protesters,” attorney Birk Baumgartner, who filed both lawsuits,…

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A complaint letter

Case No. 1-21-CV-2729

By Baumgartner Law / January 26, 2022 / Comments Off on Case No. 1-21-CV-2729

Due to Teller County Sheriff Jason Mikesell’s much skewed public commentary on this issue, please find the link to our whistle blower lawsuit against Brandon Victor And City of Pueblo. Click here to see full complaint: Case No: 1:21-cv-02729 Naranjo et al v. Victor et al

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Pueblo Police officers feared ‘aggressive’ cop, now he’s a deputy for Teller County

By Baumgartner Law / January 20, 2022 / Comments Off on Pueblo Police officers feared ‘aggressive’ cop, now he’s a deputy for Teller County
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Denver County Dismissal

By Rachael Baumgartner / October 26, 2021 / Comments Off on Denver County Dismissal

People v. M.L. M.L. was finishing a jail sentence from a prior case with another attorney. At that time, he called his wife several times. The work release officers believed he still had a protective order in place that did not allow him to have contact with his family. They charged him with a Violation…

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Baumgartner Law

5 Reasons to Watch What You Say After a Car Accident

By Baumgartner Law / July 29, 2021 / Comments Off on 5 Reasons to Watch What You Say After a Car Accident

No one really wants to talk about their last will and testament, but this is one legal issue you don’t want to leave unattended. After all, it could lead to a major rift in your family, one which you are not around to mend. The importance of having a very clear will and testament takes…

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Cache placeholder landscape

Police Brutality Legal Representation in Denver, Colorado

By pwsadmin / July 29, 2021 / Comments Off on Police Brutality Legal Representation in Denver, Colorado

It’s no secret that we live in troubled times. Many city streets in Denver have become dangerous for those who enforce the law as well as those who live here. The police’s job is to protect and serve the community, but sometimes they make mistakes and overreact in situations leading to police brutality. If you’ve…

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