Legal
Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: Faulkner v. Hardy
Case Number: No. 07-CV-1385, United States District Court, District of Colorado
ACLU Case Number: 2006-06

Description: ACLU lawyers sued a Colorado Springs police officer who used his heavy police-issued metal flashlight as a club to beat the ACLU’s client, Delvikio Faulkner, a young African American who was riding with two other young African American men in a car that had been stopped for a minor traffic violation. The lawsuit alleges that Faulkner was struck six times, including three blows to the head, which the suit alleges is the equivalent of deadly force.

The suit is based on police reports and documents from an internal investigation into the officer’s conduct. The internal investigation file was obtained by ACLU lawyers only after separate litigation under the Colorado open records laws resulted in a court ruling that required the City of Colorado Springs to disclose the file.

Issues: Police practices

ACLU of Colorado Attorneys: Reid Neureiter, Elizabeth Harris, Kathryn Reilly, Mark Silverstein, Taylor Pendergrass

Links to Selected Documents:

"Flashlight beating by Colorado Springs police officer prompts ACLU lawsuit " ACLU News Release, July 2, 2007

Complaint, filed July 2, 2007

Internal Affairs Investigation Documents
These documents were obtained by the ACLU of Colorado after the El Paso County District Court ordered the City of Colorado Springs to disclose the Internal Affairs (“IA”) investigation file relating to the beating of Delvikio Faulkner by then CSPD officer Kenneth Hardy.

..........Officer Hardy’s incident report of July 2, 2005

..........Officer Andrews’ incident report of July 3, 2005 (Officer . .. . .. ..........Hardy’s partner)

..........IA interview of Officer Andrews on July 20, 2005

..........IA interview of Officer Hardy on August 17, 2005

..........IA Findings of November 15, 2005

New Release Announcing Settlement

 

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