civil rights claim in Colorado

1986In the trial of a civil rights claim under 42 U.S.C. § 1983 , "both federal and state rules on damages may be utilized, whichever better serves the policies expressed in the federal statutes." Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 240 , 90 S.Ct. 400, 406 , 24 L.Ed.2d 386 (1969); see also Baskin v. Parker, 602 F.2d 1205 (5th Cir.1979); 42 *860 U.S.C. § 1988 (1982). [22] Both federal and Colorado law recognize that compensatory damages include recovery for nonpecuniary injuries such as emotional distress, humiliation, embarrassment, personal indignity, loss of personal and busines

1985In the trial of a civil rights claim under 42 U.S.C. § 1983 , “both federal and state rules on damages may be utilized, whichever better serves the policies expressed in the federal statutes.” Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 240 , 90 S.Ct. 400, 406 , 24 L.Ed.2d 386 (1969); see also Baskin v. Parker, 602 F.2d 1205 (5th Cir.1979); 42 U.S.C. § 1988 (1982). 22 Both federal and Colorado law recognize that compensatory damages include recovery for nonpecuniary injuries such as emotional distress, humiliation, embarrassment, personal indignity, loss of personal and business reput

2025See People v. Brant, 252 P.3d 459, 462 (Colo. 2011); People v. Altman, 938 P.2d 142, 146 (Colo. 1997); People v. Litchfield, 918 P.2d 1099, 1103 (Colo. 1996). ¶ 26 Finally, though ample state law supports characterizing an officer’s claim of legal justification as an affirmative defense, most 13 federal circuits that have analyzed the issue in the context of a civil rights claim filed under 42 U.S.C. § 19834 — including the Tenth Circuit Court of Appeals — have done the same.

2025See People v. Brant, 252 P.3d 459, 462 (Colo. 2011); People v. Altman, 938 P.2d 142, 146 (Colo. 1997); People v. Litchfield, 918 P.2d 1099, 1103 (Colo. 1996). ¶ 26 Finally, though ample state law supports characterizing an officer’s claim of legal justification as an affirmative defense, most 13 federal circuits that have analyzed the issue in the context of a civil rights claim filed under 42 U.S.C. § 19834 — including the Tenth Circuit Court of Appeals — have done the same.

2025See People v. Brant, 252 P.3d 459, 462 (Colo. 2011); People v. Altman, 938 P.2d 142, 146 (Colo. 1997); People v. Litchfield, 918 P.2d 1099, 1103 (Colo. 1996). ¶ 26 Finally, though ample state law supports characterizing an officer’s claim of legal justification as an affirmative defense, most 13 federal circuits that have analyzed the issue in the context of a civil rights claim filed under 42 U.S.C. § 19834 — including the Tenth Circuit Court of Appeals — have done the same.

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

2011See, e.g., Americans United for Separation of Church & State v. School Dist., 835 F.2d 627 , 631, 633-34 (6th Cir.1987) (in a case in which the plaintiff had pled a claim under section 1983 without specifically relying on that statute, the court awarded fees under section 1988 because (1) section 1988 is concerned with the substance of a prevailing party's action, rather than the form in which it is presented, and (2) "[the mere failure to plead or argue reliance on § 1983 is not fatal to a claim for attorney's fees if the pleadings and evidence do present a substantial Fourteenth Amendment cl

2011Exposition Comm'n, 673 P.2d 368, 374 (Colo.1983) ("For the purpose of recouping attorney's fees under section 1988, express reference to conduct as violative of section 1983 is not required; section 1988 is applicable to any action for which section 1983 provides a remedy.

2004See NCAA v. Tarkanian, 488 U.S. 179, 195 , 109 S.Ct. 454, 463-64 , 102 L.Ed.2d 469 (1988)(coneerning coach, not student-athlete); see also Matthews v. NCAA, 79 F.Supp.2d 1199, 1207 (E.D.Wash.1999)(NCAA not a state actor, for purposes of assessing student-athlete’s due process claim contesting NCAA’s eligibility determination).

2004See NCAA v. Tarkanian, 488 U.S. 179, 195 , 109 S.Ct. 454, 463-64 , 102 L.Ed.2d 469 (1988)(coneerning coach, not student-athlete); see also Matthews v. NCAA, 79 F.Supp.2d 1199, 1207 (E.D.Wash.1999)(NCAA not a state actor, for purposes of assessing student-athlete’s due process claim contesting NCAA’s eligibility determination).

2004See NCAA v. Tarkanian, 488 U.S. 179, 195 , 109 S.Ct. 454, 463-64 , 102 L.Ed.2d 469 (1988)(coneerning coach, not student-athlete); see also Matthews v. NCAA, 79 F.Supp.2d 1199, 1207 (E.D.Wash.1999)(NCAA not a state actor, for purposes of assessing student-athlete’s due process claim contesting NCAA’s eligibility determination).

1994As the majority has rejected the civil rights analysis to determine a prevailing party Miles provides little guidance. 2 Atlantic Richfield Co. v. Long Trusts, 860 S.W.2d 439, 450 (Tex.App.—Texarkana 1993), also relied upon by the majority, involved an interpretation of the Texas recovery of attorney’s fees statute. 3 Though the court explained that a finding of zero damages does not preclude the award of attorney fees, the Texas rule is unsettled.

1994As the majority has rejected the civil rights analysis to determine a prevailing party Miles provides little guidance. [2] Atlantic Richfield Co. v. Long Trusts, 860 S.W.2d 439, 450 (Tex.App.—Texarkana 1993), *336 also relied upon by the majority, involved an interpretation of the Texas recovery of attorney's fees statute. [3] Though the court explained that a finding of zero damages does not preclude the award of attorney fees, the Texas rule is unsettled.