A civil case is underway in Denver resulting from injuries to an inmate that occurred in a courtroom. Anthony Waller was in custody at the Downtown Detention Center and was escorted in shackles to a court appearance by sheriff’s deputy Brady Lovingier. During the proceedings, Waller was speaking to the judge when he abruptly slammed into a metal window frame. Waller is seeking damages, claiming that Lovingier caused the injury by grabbing his waist chain suddenly. Kenneth Padilla, Waller’s attorney, says they are seeking justice through monetary damages; meanwhile, the deputy claims that Waller had instigated the accident through aggression and raising his voice. The attorney for the defendant further stated that Waller was acting in a manner that indicated he could turn violent.
Evidence Largely Based on Video
The situation was captured on courtroom surveillance video and both sides claim that it supports their cases. Waller allegedly suffered a cut on his head and a brain injury resulting in cognitive problems, which the defense believes are exaggerated. The deputy was placed on a 30-day suspension following the incident.
Injury Claims on The Rise
Since 2004, the City of Denver has reportedly paid out $28 million stemming from claims of injury involving their police and jail staff. Claims against the police and jail have composed roughly 82% of the paid settlements approved by City Council during this 13-year period, which total over $33 million. Over the past three years, the percentage of claims allocated to those two departments has risen to comprise 91% of all settlements. Although there have been several claims of over $1 million, the majority have been considerably smaller. A recent Denver Post report indicates that several large civil cases are currently pending.
Filing an Injury Claim Against the City or County of Denver
Those bringing civil actions against the city or county must follow a specific procedure in compliance with the Colorado Governmental Immunity Act using a Notice of Claim containing the following:
- Contact information for the claimant and their attorney
- A detailed written statement outlining the facts surrounding the claim that includes the date, location, circumstances, actions (or inactions) which occurred
- The names of any public employees that had involvement, if applicable
- A detailed written statement of the type(s) of damages that were incurred with any supporting documentation
- The financial compensation that is being sought, along with supporting documentation that includes a minimum of two estimates that reflect the monetary request
This notice must be submitted within a period of 182 days after the injury was realized. Claims that are based on incidents of wrongful death may be filed by a representative of the deceased, a surviving spouse, or next of kin.
Those injured by reckless or negligent acts of another party may have grounds to pursue rightful compensation for the detrimental results including losses and emotional distress. The law does have specific time limitations that you have for recovery; therefore, contact the Law Firm of Jeremy Rosenthal today at (303)825-2223 to discuss your options.