Justice for Juston Reffel

Baumgartner Law is proud to represent the family of Juston Michael Reffel, who was murdered by LaSalle, Colorado police officer Erik Hernandez on May 3, 2023 . The enormity of this tragedy cannot be understated and cannot be tolerated by the legal and law enforcement community. Although the Reffel family is relieved by the indictment,…
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Know Your Civil Rights – Does the State or Police Have to Protect You?

The state generally does not have a duty to protect citizens from private harms under the 14th Amendment. DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189 (1989). The duty to preserve life is triggered when the state takes somebody into their custody.   When the state takes a person into its custody…
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Know Your Civil Rights – Does a Police Shooting Constitute a “Search or Seizure”?

The Fourth Amendment provides that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const. amend. IV.   A “seizure” of one’s person occurs when a government actor terminates one’s freedom of movement through intentional means. Brower v. Cnty.…
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Westword: Adam Holen, Ex-Officer Who Killed Teen, Acted Just Like a Cop, Attorney Says

“One of the sad things here is that we cannot hold any police department accountable, or even police training or mindset,” Baumgartner says of the complaint, filed earlier this month. “But in general, I think Mr. Holen had an attitude that most police officers do, which is it’s his way or you die.” https://www.westword.com/news/killing-teen-ex-cop-adam-holen-sued-peyton-blitstein-14792003
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Colorado Supreme Court Opinion in Maphis v. City of Boulder

After tripping and falling over a two-and-a-half-inch sidewalk deviation in the City of Boulder, the plaintiff sued the City for her injuries, which included fracturing both elbows and injuring her face. The City moved to dismiss the plaintiff’s suit, arguing that the sidewalk deviation did not constitute a ” dangerous condition” – defined as an…
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Where you injured in a collision that was not your fault?

Were you injured in a collision that was not your fault? Are you tired of battling with insurance companies? We will fight to get you what you and your family deserves.   After a collision, you have been injured and you cannot work. The medical bills are piling up an you may be wondering how…
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“The city’s failure to constrain its officers in any way despite being aware of the many injuries its officers had caused and were causing during the protests is clear evidence of the city’s utter and deliberate indifference to the customary use of excessive and disproportionate force toward protesters,” attorney Birk Baumgartner, who filed both lawsuits,…
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Case No. 1-21-CV-2729

Due to Teller County Sheriff Jason Mikesell’s much skewed public commentary on this issue, please find the link to our whistle blower lawsuit against Brandon Victor And City of Pueblo. Click here to see full complaint: Case No: 1:21-cv-02729 Naranjo et al v. Victor et al
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Largest Police Brutality Lawsuit in US History Filed by Baumgartner Law and Beem & Isley, PC.

By ELISE SCHMELZER | [email protected] | The Denver Post 50 demonstrators sue Denver alleging police illegally injured or arrested them during 2020 protests Federal lawsuit filed Monday is one of the largest connected to massive protests of police brutality
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Colorado State Government Intervenes to Hold Killer Cops Accountable.

Elijah McClain indictment: Case against Aurora police officers and paramedics comes down to intent, experts say “A fact any prosecutor will run into is a somewhat antiquated idea that all officers are acting in good faith,” said Birk Baumgartner, an Englewood civil rights attorney. “That’s always the difficulty. You have to get over that threshold…
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5 Reasons to Watch What You Say After a Car Accident

No one really wants to talk about their last will and testament, but this is one legal issue you don’t want to leave unattended. After all, it could lead to a major rift in your family, one which you are not around to mend. The importance of having a very clear will and testament takes…
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4 Questions About Auto Accident Whiplash

An increasing number of people are turning to the internet for all sorts of advice. Fashion advice. Medical advice. Marriage advice. Here are Premium Law, we certainly won’t dissuade you from getting fashion advice online, but we strongly recommend that you don’t turn to Google for legal advice. Because it could end up costing you…
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Assault and Battery Defense in Denver

There are many defenses to assault and battery charges in Denver, Colorado. An experienced assault and battery lawyer from Baumgartner Law understands assault and battery laws, and the charges associated with these crimes. Our years of experience allow us to represent those facing these charges with ease. We understand the process ahead and can defend you…
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Hire a Lawyer for Bicycle Accidents in Denver

Denver bicycle accidents are prevalent and can lead to serious injuries. The injuries sustained from a bicycle accident in Colorado can include broken bones, internal bleeding, concussions, loss of limbs, and more. If you or a family member have suffered injuries while bicycling, it’s time to contact a bicycle accident attorney from Baumgartner Law to…
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Hire Legal Representation for Car Accidents in Denver

Accidents happen regularly in Denver. When they do, however, it’s important to immediately contact a car accident attorney from Baumgartner Law to represent you. We have years of experience negotiating and getting our clients the compensation they deserve for their damages and injuries after a car wreck in Denver. Our Denver car accident attorney team at Baumgartner…
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How a Denver Catastrophic Injuries Attorney Helps Injured Victims to Get Compensation

When it comes to catastrophic injuries, these injuries can lead to serious and life-changing situations. Whether they involve head, brain or spinal cord injuries, they require ongoing medical treatment that can be costly. Also, victims generally are no longer able to work in Denver. These things can cause financial problems for the victims that a…
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Why Hiring a Denver Child Custody Attorney is Important

When it comes to divorce or the breakup of two unwed parents in Denver, child custody becomes an issue. This can create stress or tension for both parents involved. For individuals divorcing, this is a central issue in their legal process. Many times, Denver courts will award one parent primary custody while taking into consideration…
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Hire a Denver Child Support Lawyer

When two parents decide to end their relationship in Denver, this doesn’t mean their responsibility to their children ends. Parents going through a life change will have important questions about child support for a Denver child support lawyer. How much support will be, how long the payments will last, and how they are paid are…
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Hire a Divorce Attorney for Legal Representation in Denver

When you’re addressing issues that relate to divorce in Colorado, it’s important to have an experienced Denver divorce attorney by your side from Baumgartner Law. By working with an experienced lawyer, you will get the results you’re looking for during this difficult life change. We have countless years of experience, and the skills and resources…
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Possession of a Controlled Substance in Denver

In Colorado, a controlled substance is a drug or chemical that is illegal to distribute to anyone without a prescription. This makes it against the law to be in possession of a controlled substance without a valid prescription. Specific controlled substances are classified into five different schedules. The lower the schedule number, the higher the…
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Understanding Drug Possession Laws in Denver, Colorado

Having a drug offense on your record in Denver, Colorado can make your life more difficult, including obtaining employment or getting professional licenses. Drug offenses can also jeopardize your reputation including possession of illegal drugs, driving under the influence, and sale or manufacture charges. If you’ve been accused of or charged with any of these…
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DUI Defense Legal Representation in Denver, Colorado

A DUI is a criminal offense in Colorado that is proved by either impaired functioning or unlawful blood or breath alcohol of over .08. A DUI attorney from Baumgartner Law in Denver offers DUI defense for those facing these charges. We have years of experience defending clients and helping them to get either reduced or…
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Legal Representation for DWI Accidents in Denver

Have you been involved in an accident where you were injured by a DWI driver? Serious injuries occur when drivers who are impaired hit other vehicles. When you’ve suffered injuries, it’s important that you contact a professional DWI accident attorney who can get you compensation for your damages and injuries in Denver, Colorado. At Baumgartner…
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Hire a Denver Family Law Attorney

When it comes to family law in Denver, many situations can occur that require the experience of a Denver family law attorney. At Baumgartner Law, we have many years of experience helping families during these life-changing events. We are experienced in Colorado family laws and can offer expert legal advice when it’s needed most in your…
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Hire a Denver Family Violence Attorney for Legal Representation

In Denver, Colorado, domestic violence is defined as an act or threat of violence between current or previous partners in a domestic situation. A domestic violence charge can put a bad mark on your record. If you’ve been accused of domestic violence, never say anything to the police without a Denver family violence attorney with…
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Felony Menacing Charges in Denver, Colorado

In Colorado, felony menacing occurs when someone uses threat or action to knowingly place or attempt to place another person in fear of being seriously injured. In some states, this is known as battery, but menacing is frequently charged in Denver with assault or domestic violence charges. Menacing Laws Colorado Revised Statutes states menacing laws as…
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Motorcycle Accidents in Denver

Motorcycle drivers are more vulnerable to others on the road because they’re not protected from the elements while driving. This means that motorcycle accident injuries can be much more serious and even catastrophic. A Denver motorcycle accident attorney from Baumgartner Law can help those injured to get the compensation that they deserve for their damages or injuries.…
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Protecting the Rights of Mothers in Colorado

Raising a child as a single mother in Denver is challenging. Our expert legal team at Baumgartner Law protects the rights of mothers in the Denver area. Ultimately, mothers have rights that protect their interests and the well-being of their children. Whether a breakup between two unwed parents or a divorce, mother’s rights in Colorado make sure…
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Parental Rights in Denver

If you’re a parent in Denver, Colorado and you’re going through a divorce or just a breakup between two unwed parents, you have rights. You can learn about your parental rights in Denver with parental rights or a child custody attorney from Baumgartner Law. We can be your parental advocate and help you and your child’s other…
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Speak to a Denver Personal Injury Lawyer Today for Legal Representation

Accidents happen regularly in Colorado. Whether a slip and fall accident, car accident, dog bite, boating accident, truck accident or any other accident, Baumgartner Law can help you. Suffering injuries from an accident can lead to an immense amount of damages and loss. Having an experienced Denver personal injury lawyer on your side to help…
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Police Brutality Legal Representation in Denver, Colorado

It’s no secret that we live in troubled times. Many city streets in Denver have become dangerous for those who enforce the law as well as those who live here. The police’s job is to protect and serve the community, but sometimes they make mistakes and overreact in situations leading to police brutality. If you’ve…
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Commercial Vehicle Accidents in Denver Colorado

When you’ve been involved in an accident with a commercial vehicle, it can be devastating. Accidents unfortunately do occur and knowing how to protect yourself if you find yourself in this dire situation is important. A truck accident attorney can represent individuals who have been involved in commercial vehicle accidents in Denver. We understand all Colorado…
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Legal Representation for Denver 18-Wheeler Accidents

I In collisions involving large commercial trucks in Denver, catastrophic injuries can occur. 18-wheeler accidents are prevalent in Denver and with the help of an experienced truck accident lawyer from Baumgartner Law you can get the legal representation you need while recovering from your injuries. Our legal team has the years of experience and resources to handle…
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How a Denver Truck Accident Lawyer Helps You Get Compensation for Injuries

Trucks and cars aren’t equal on Denver roads. This is because trucks are larger and take longer to stop, meaning that injuries sustained from truck accidents in Denver are more serious. As the driver of a car, you’re no match for a large truck if it collides with you. A truck accident attorney from Baumgartner…
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Do You Need the Help of a Denver Visitation Rights Attorney?

Are you in a legal situation where the visitation of your child is in jeopardy in Denver? While you can go through this legal process alone, fighting for your visitation rights without an experienced attorney by your side makes the situation more difficult. With the help of a Denver visitation rights attorney from Baumgartner Law…
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Seek Legal Advice from a Wrongful Death Attorney in Denver

If you’ve lost someone in Colorado due to carelessness or negligence, a wrongful death attorney in Denver at Baumgartner Law can represent you during this challenging time. You need the expertise of a wrongful death lawyer to represent you as well understand all Colorado wrongful death laws, so they can protect you and your family’s rights…
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California Sensible New Police Shooting Law

California has passed one of the only sensible police brutality laws in the nation. The state now requires an officer who kills one of its citizens to show that the use of deadly force was “necessary” rather than merely showing that the use of deadly force was “reasonable.” In passing this law, California is leading…
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Baumgartner Law and Beem & Isley’s record settlement for police shooting has now been made public by the City of Northglenn

We are happy to see that Northglenn has made the settlement public. Although no amount of money can ever replace what they have lost, it is a great relief to Serina Minella and the family of Jeremy Patscheck to have the public transparency on this issue. CLICK THE LINKS TO READ IN THE NEWS: City…
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Shameful Use of Canine to Attack a Defenseless Young Woman In Aurora

For far too long law enforcement has utilized canine companions to carry out their dirty work. Steeped in a legacy of dog attacks on people of color during the Civil Rights Movement, to escalating the War on Drugs through drug sniffing dogs, to canine-officers chasing down and biting citizens who try to flee from abusive…
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Common Litigation Deadlines in Colorado Civil Cases

The legal process is not known for its simplicity or speed, which is why many people try to avoid it as much as possible. However, some issues must be resolved in court and, in Colorado, there are strict deadlines that both parties must be aware of in order to properly litigate your case. This article…
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Head on collision kills 7 on Highway 40 in Cheyenne County Colorado on June 26, 2020

TThis story is developing and being covered by the Denver Post, Denver 9 News, and Fox 31 News. Crashes like this are all too common on the highways of Colorado and all throughout the county. Although the Colorado State Patrol is investigating this incident, government investigations are frequently incomplete or wrong. In the wake of a tragedy like this…
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Baumgartner Law filed a lawsuit this week against the City of Denver and four DPD Officers.

The Attorneys at Baumgartner Law filed a lawsuit this week against the City of Denver and four Denver Police (DPD) officers, citing excessive force, among other allegations, in a June 30, 2019 incident.  62-year-old man sues DPD, claims excessive force during church parking lot arrest.
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Federal Lawsuit Against a Former State Trooper.

Attorney General Phil Weiser had notice of Trooper Dakan’s violence and dishonestly long before he aimed an assault rifle at Denver citizens. Littleton woman sues trooper who was later fired following unrelated menacing incident Denver 7 News – By: Lance Hernandez
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Denver Police Officers Face Federal Lawsuit for Arresting the Wrong Woman

“Plaintiff was not the correct suspect in this incident, and Defendants would have known this if they had have followed basic police procedure,” the lawsuit filed Friday by attorney Sean Simeson states. 2 Denver police officers face federal lawsuit for arresting the wrong woman: https://t.co/9Oh8PSFhCx by @eliseschmelzer — The Denver Post (@denverpost) September 26, 2020…
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Jax Feldmann, an innocent bystander is just one of many victims of indiscriminate excessive force by the City of Denver.

Jax Feldmann, an innocent bystander is just one of many victims of indiscriminate excessive force by the City of Denver. Jax will never see again and the City of Denver refuses to take responsibility. Full story by CBS Denver anchor Rick Sallinger: ‘I Can’t See Anything’: Man Claims He Was Injured By Foam Bullet Shot…
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Wrongful Arrest by DPD, Baumgartner Law Files Suit.

DPD wrongfully arrested our client while receiving treatment in the hospital. Our client bears no physical resemblance to the actual suspect; in fact, she was never in the same area of the city as the correct suspect. Officers failed to investigate the incident and instead recklessly relied on one part of the statement, resulting in…
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