DENVER — The Tenth Circuit Court of Appeals concluded that the city of Denver and Denver police officers violated the constitutional rights of peaceful protestors who were protesting the murder of George Floyd in the summer 2020, when the police shot them with pepper balls and rubber bullets and attacked them with tear gas and other chemical munitions. The two rulings, issued on April 21, 2026, affirm that the city of Denver is liable for unconstitutional uses of force and violations of the First Amendment against 12 peaceful protesters. The appellate court also affirmed that former Denver police officer Jonathan Christian violated the Fourth Amendment rights of former state representative and activist Elisabeth Epps when he shot her with pepper balls while she was crossing the street.
“This outcome is monumental and should be a lesson to law enforcement across the country. No police officer or municipality can escape accountability for their violence against people exercising their sacred right to peacefully protest,” said Tim Macdonald, ACLU of Colorado legal director. “Our brave plaintiffs have endured enormous hardship for standing up in defense of Black lives and police accountability. This ruling is one step closer to justice for them, their loved ones, and all Coloradans concerned about police violence.”
The Tenth Circuit rejected arguments from the city of Denver and upheld previous findings that the city’s failure to properly train officers led to unconstitutional violence. It also rejected arguments that police officers, including former Officer Christian, were entitled to qualified immunity.
The ACLU of Colorado sued the city of Denver and local police officers on behalf of peaceful protesters in June 2020. Denver police officers and agents from neighboring cities injured protesters during their peaceful marches; plaintiffs in the case suffered extensive injuries, including a fractured jaw, fractured discs, temporary hearing loss, difficulty breathing, and profound emotional distress.
In March 2022, in a precedent-setting decision, a jury found that Denver police officers and the city of Denver violated the constitutional rights of those protesters by using excessive force and violating their First Amendment rights, ordering $14 million in damages to the plaintiffs.
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Epps, et al. v. City and County of Denver, et al.
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