Partner Kate Bailey helped secure a $750,000 settlement on behalf of a pro bono client – which represents the highest settlement of an excessive force case by El Paso County.
The client was a pre-trial detainee at the El Paso County Criminal Justice Center, who sustained an orbital bone fracture and concussion after being taken to the ground by five El Paso County Sheriff’s deputies while he was kneeling on the floor with his hands handcuffed behind his back. Video of the incident showed that after the takedown, the client had a bloody knot on his forehead and was experiencing obvious symptoms of a serious concussion, including vomiting and having difficulty standing while interacting with the deputies. Despite these injuries, the deputies did not seek medical attention for almost ninety minutes.
The case was filed in the U.S. District Court for the District of Colorado. Kate joined Homiak Law LLC as trial counsel shortly before trial. Kate successfully convinced the Court to permit the late disclosure of an expert witness to establish medical causation and obtained compelling deposition testimony from the client’s treating physician at the El Paso County Criminal Justice Center confirming that the takedown caused the client’s injuries. The case was settled on the eve of trial.
Congratulations on the win, Kate!
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