Civil Rights

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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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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