DENVER HOMELESS OUT LOUD v. DENVER, COLORADO

No. 21-1025.

32 F.4th 1259 (2022)

DENVER HOMELESS OUT LOUD; Charles Davis; Michael Lamb; Sharron Meitzen; Rick Meitzen, Jr.; Tomasa Dogtrail; Steve Olsen; Gregory Costigan; Sean Martinez; Lisa Masaro; Nathaniel Warner, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. DENVER, COLORADO; Mike Cody, Lieutenant, in his individual capacity; Michael Hancock, Mayor, in his individual capacity; Bob McDonald, in his individual capacity; Murphy Robinson, in his individual and official capacity; Kristin M. Bronson, in her individual and official capacity; Environmental Hazmat Services; James D. Harvey, Officer, in his individual capacity; Darren Ulrich, Officer, in his individual capacity; Mallory Lutkin, Officer, in her individual capacity; Brian Conover, Sergeant; Mark Moore, Corporal; Thanarat Phuvhapaisalkij, Officer; Rop Monthathong, Officer; Christopher Randall, Officer; David Hunter, Officer; Toby Wilson, Officer; Jon Udland, Officer; Andrew Gasparovic, Corporal; J.P. Burt, Trooper; Joseph Dirnberger, Trooper; Darce Weil, Trooper; William Caldwell, Trooper; Kevin Rae, Trooper; Colin Daugherty, Trooper; Victor Sargent, Trooper; David Dinkel, Trooper; Doug Kline, Trooper; Gregory Davey, Trooper; Jeremy Harrington, Trooper; Christopher Gonzales, Trooper; Rusty Sanchez, Trooper; Patrick Williams, Trooper; Jacob Cleveland, Trooper; Crystal Crenshaw, Trooper; Ryan A. Voss, Trooper; Umair Cheema, Trooper; Nathan Hardy, Trooper; Geoffrey Keeling, Trooper; Haas E. Pratt, Trooper; Nicholas Trujillo, Trooper; Ty Simcox, Trooper; Sean McCall, Trooper; Heidi Jewett, Trooper; Kyle Ross, Trooper; Alec W. Barkley, Trooper; Bryan Larreau, Trooper; Thomas Major, Trooper; Jonathan Strickland, Trooper; A. Martinez, Sergeant; in Her/his Individual Capacity; Anthony Martinez, Sergeant; Brandon Novy, Trooper; David Martinez, Officer, Defendants-Appellants, and Jared Polis, Governor, in his official capacity, Defendant. National Homelessness Law Center; American Civil Liberties Union of Colorado, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 3, 2022.


Attorney(s) appearing for the Case

Conor D. Farley , Denver City Attorney's Office ( Geoffrey C. Klingsporn and Wendy J. Shea with him on the briefs), Denver, Colorado, for Defendants-Appellants.

Andrew McNulty , Killmer, Lane & Newman, LLP ( David A. Lane , Darold W. Killmer , and Reid R. Allison with him on the brief), Denver, Colorado, for Plaintiffs-Appellees.

Anna Kurtz and Mark Silverstein , ACLU Foundation of Colorado, Denver, Colorado, filed an amicus brief on behalf of the American Civil Liberties Union of Colorado.

Tristia M. Bauman   Carlton Martin , and Joseph W. Mead , National Homelessness Law Center, Washington, D.C., filed an amicus brief on behalf of the National Homelessness Law Center.

Before McHUGH, MURPHY, and ROSSMAN, Circuit Judges.


The Denver Defendants have authorized and/or conducted sweeps of homeless encampments throughout Denver, Colorado.1 The advocacy organization Denver Homeless Out Loud and several people experiencing homelessness ("DHOL Plaintiffs") allege these sweeps violated the rights of persons experiencing...

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