Can I Sue the Police in Colorado for Being Arrested While Recording Them?

Bullies hate the be seen. When police officers are violating rights, they don't want anyone to know about it. And they especially don't want video of their bad behavior to exist outside of their control. That is why recording the police is a valuable civic tool for police accountability.

Unfortunately, many police officers hate being recorded. They will bully, harass, and sometimes even arrest the people that annoy them simply by recording them. If you have been harassed or arrested by the police you absolutely need to talk to a Colorado civil rights attorney. You may be able to fight back.

Both the United States and Colorado Constitutions protect your right to free speech. In Colorado, federal appeals courts have upheld that every citizen has a right to record the police. Kosloski Law, PLLC is committed to standing up for every person arrested by the police or harassed by the police for filming them.

What counts as illegal retaliation for recording the police?

Retaliation occurs when the police do anything that "would chill a person of ordinary firmness from continuing to" film the police. This can be anything from physical intimidation, standing in front of a person trying to film, shining flashlights at a camera, driving a vehicle aggressively at the person filming, making threatening statements, attempting to seize a phone, forcing a person to move so far away that they can't film, or even threatening to arrest the person if they don't stop filming. This isn't an exhaustive list, and if the police did anything that could be interpreted by a reasonable person as trying to make you stop recording, you may have been retaliated against.

How can I sue the police for retaliating against me for filming

Federal Lawsuit Under 42 U.S.C. § 1983

A primary legal avenue for citizens seeking redress for constitutional violations is 42 U.S.C. § 1983. Under this statute, an individual can file a lawsuit against law enforcement officers (and sometimes their employing agency) if the individual’s federal constitutional rights were violated. For instance, if you were arrested without probable cause, you might claim a Fourth Amendment violation (unreasonable seizure) and a First Amendment violation (retaliation for filming).

However, officers frequently raise qualified immunity as a defense, asserting that their actions did not violate “clearly established” law. This standard can pose a significant hurdle in federal lawsuits unless you can show that an officer’s specific conduct was clearly unconstitutional under existing precedent.

Colorado’s Civil Rights Statute: C.R.S. § 13-21-131

Colorado has added another layer of potential legal protection for individuals. Enacted as part of broader law enforcement reforms, C.R.S. § 13-21-131 allows people to bring civil actions in state court for violations of rights secured by the Colorado Constitution. Notably, this statute seeks to limit the use of qualified immunity defenses in state-level claims, although courts continue to interpret how these provisions apply in practice.

One major benefit of C.R.S. § 13-21-131 is that it may offer a pathway for plaintiffs to pursue state-based civil rights claims even if federal qualified immunity defenses prove difficult to overcome. Nevertheless, the specifics of each case—such as the officer’s conduct, the extent of your alleged interference, and the existence of other factors—can strongly influence the outcome.

Why Legal Representation Matters

Both 42 U.S.C. § 1983 and C.R.S. § 13-21-131 involve complex legal standards and procedural requirements. If you believe the police unlawfully arrested you in Colorado for recording them, you should consult with an attorney familiar with constitutional law and state-specific civil rights statutes. Deadlines and notice requirements can be strict, and failing to navigate them properly could jeopardize your claim.

Contact Kosloski Law PLLC

At Kosloski Law PLLC, we understand the nuances of federal and state civil rights litigation in Colorado. If you suspect your rights were violated, contact us today. We’ll review the facts, explain potential legal avenues, and help you decide on the best course of action.