General Blog
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…
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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By ELISE SCHMELZER | eschmelzer@denverpost.com | The Denver Post 50 demonstrators sue Denver alleging police illegally injured or arrested them during 2020 protests Federal lawsuit filed Monday is one of the largest connected to massive protests of police brutality
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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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An increasing number of people are turning to the internet for all sorts of advice. Fashion advice. Medical advice. Marriage advice. Here are Premium Law, we certainly won’t dissuade you from getting fashion advice online, but we strongly recommend that you don’t turn to Google for legal advice. Because it could end up costing you…
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