Cardella v. Town of Castle Rock

This lawsuit is filed under Colorado’s open records laws and seeks disclosure of Castle Rock police department records related to the conduct of a police officer.

The officer put innocent civilians in danger in February 2013, when he fired multiple shots from a semi-automatic rifle at the vehicle of an unarmed fleeing burglary suspect. The Plaintiffs, Michael and Susan Cardella, were sitting inside their parked car when it was hit by one of the officer’s stray bullets.

According to the lawsuit, the officer fired at the suspect’s approaching SUV, then turned while continuing to discharge his rifle and continued firing at the rear of the vehicle as it drove away. The line of fire included not only the Cardellas’ car, but also a nearby school, a shopping center, offices, and parking lots.

The lawsuit asserts that Castle Rock has failed to justify its refusal to disclose internal investigations into the officer’s conduct, as well as additional documents detailing the circumstances.

After a hearing, the district court denied the ACLU's request for disclosure.

“Judge hears open-records case,” Colorado Community Media, January 20, 2014

“Castle Rock couple, ACLU sue to obtain details on police shooting,” Gazette, November 21, 2013

“Castle Rock couple sues town for records in February police shooting,” The Denver Post, November 20, 2013

“Castle Rock couple, ACLU sue town over police gunfire,” Colorado Community Media, November 20, 2013