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DITIRRO v. SANDO

Court of Appeals No. 21CA0739.

520 P.3d 1203 (2022)

2022 COA 94

Vincent Damon DITIRRO, Plaintiff-Appellant, v. Matthew J. SANDO, Caleb Simon, Colorado State Patrol, Commerce City Police Department, and Adams County Sheriff's Department, Defendants-Appellees.

Colorado Court of Appeals, Div. A.

Announced August 18, 2022.

Attorney(s) appearing for the Case

Colorado Christian Defense Counsel, LLC, Jean Pirzadeh , Denver, Colorado, for Plaintiff-Appellant.

Philip J. Weiser , Attorney General, Allison R. Ailer , Senior Assistant Attorney General, Dmitry B. Vilner , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees Matthew J. Sando, Caleb Simon, and Colorado State Patrol.

Kissinger & Fellman, P.C., Jonathan M. Abramson , Yulia Nikolaevskaya , Denver, Colorado, for Defendant-Appellee Commerce City Police Department

Heidi M. Miller , County Attorney, Michael A. Sink , Assistant County Attorney, Brighton, Colorado, for Defendant-Appellee Adams County Sheriff's Office.

¶ 1 In 2020, the Colorado General Assembly created a new cause of action against "peace officers" for violation of a plaintiff's civil rights. Section 13-21-131(1), C.R.S. 2021, allows a plaintiff to sue a peace officer who, "under color of law, subject[ed] or caus[ed] [the plaintiff] to be subjected, including failing...

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