Faulkner v. Hardy

  • Filed: July 2, 2006
  • Status: Settled
  • Court: U.S. District Court for the District of Colorado
  • Latest Update: Mar 17, 2008
In the Courts, ACLU of Colorado logo on a blue background with a woman holding the scales of justice.

Summary

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.

Colorado Springs resolved the litigation with monetary compensation to the ACLU's client.

Media:

“Springs settles with man suing over police beating,” The Gazette, March 17, 2008

Case Number:
07-CV-1385
Attorney(s):
Mark Silverstein and Taylor Pendergrass
Pro Bono Firm:
N. Reid Neureiter, Elizabeth Harris, and Kathryn Reilly of Jacobs Chase Frick Kleinkopf & Kelley, LLC

Documents

U.S. District Court for the District of Colorado
Where it started

News & Commentary

Jul 02, 2007

Flashlight beating by Colorado Springs police officer prompts ACLU lawsuit

In a lawsuit filed in federal court in Denver today, ACLU lawyers alleged that a Colorado Springs police officer used his heavy police-issued metal flashlight to administer a vicious beating to the ACLU’s client, Delvikio Faulkner, a young African American who was riding with two other young men in a car that was initially stopped for a minor traffic violation.

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Jun 13, 2006

Colorado Springs Sues ACLU Over Request For Public Records

In response to a routine request for public records filed by the ACLU of Colorado, the City of Colorado Springs filed suit against the ACLU in state district court in Colorado Springs. The lawsuit asks for a ruling that the Colorado Springs Police Department (CSPD) is not required to release the records of an Internal Affairs Bureau (IAB) investigation into allegations of serious police misconduct.

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Learn More About the Issues in This Case

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Related News & Podcasts

News & Commentary
Jul 02, 2007
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Flashlight beating by Colorado Springs police officer prompts ACLU lawsuit

In a lawsuit filed in federal court in Denver today, ACLU lawyers alleged that a Colorado Springs police officer used his heavy police-issued metal flashlight to administer a vicious beating to the ACLU’s client, Delvikio Faulkner, a young African American who was riding with two other young men in a car that was initially stopped for a minor traffic violation.
News & Commentary
Jun 13, 2006
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Colorado Springs Sues ACLU Over Request For Public Records

In response to a routine request for public records filed by the ACLU of Colorado, the City of Colorado Springs filed suit against the ACLU in state district court in Colorado Springs. The lawsuit asks for a ruling that the Colorado Springs Police Department (CSPD) is not required to release the records of an Internal Affairs Bureau (IAB) investigation into allegations of serious police misconduct.