General Blog
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 MoreMB was accused by his wife of menacing with deadly weapon. This among the most serious of the DV Charges in Colorado. After months of litigation Birk Baumgartner was able to secure an unconditional dismissal of all charges against MB. Results like these are common place at Baumgartner Law, although we can not guarantee any…
Read MoreTW was charged with felony assault against his girlfriend. Baumgartner Law was able to first have the charges reduced too a misdemeanor and through hard fought battle, Birk Baumgartner was able to all charges unconditionally dismissed and cleared TW’s record. Results like these are common place at Baumgartner Law, although we can not guarantee any…
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 MoreOur 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…
Read MoreAfter tripping and falling over a two-and-a-half-inch sidewalk deviation in the City of Boulder, the plaintiff sued the City for her injuries, which included fracturing both elbows and injuring her face. The City moved to dismiss the plaintiff’s suit, arguing that the sidewalk deviation did not constitute a ” dangerous condition” – defined as an…
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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