Civil Rights
Baumgartner Law is proud to represent the family of Juston Michael Reffel, who was murdered by LaSalle, Colorado police officer Erik Hernandez on May 3, 2023 . The enormity of this tragedy cannot be understated and cannot be tolerated by the legal and law enforcement community. Although the Reffel family is relieved by the indictment,…
Read MoreThe 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…
Read MoreThe 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.…
Read More“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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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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