Vaccine mandate lawsuit filed by 7 DPD officers dismissed by Denver judge

Local News

DENVER (KDVR) — A judge has dismissed the lawsuit brought by a handful of Denver police officers trying to stop the city’s vaccine mandate.

The City of Denver announced last month that all city employees must be fully vaccinated by Sept. 30, or face being terminated.

With the deadline looming Thursday, the fight may not be over. Attorney Randy Corporon said he was not expecting the judge to dismiss the case, but he does have another plan in place he hopes will get the suit back in action.

“We took a shot and we still have our administrative remedy available and we’ll be exercising that tomorrow,” Corporan said.

Corporon said he is preparing to use another legal avenue to get keep his client’s fight against the city alive. He said he will be filing a an administrative petition Thursday.

“They didn’t have much hope. They were grateful that they took this effort and tried to go directly to the court,” Corporan said about the officers he is representing. “They are very supportive of and encouraging the idea of going back to the administrative process, which again is just a stepping stone to get back into the court. They certainly don’t hold out any hope for that.”

Corporan was representing a group of Denver police officers who wanted an injunction against the vaccine mandate. The judge said one of the reasons she ruled against them is because the group did not use all of the administrative options available to them – like employment complaints.

“There was time to have had it heard even sooner than it’s being heard by this court,” 2nd District Court Judge Shelley Gillman said.

The judge also mentioned the issue of timing, noting the lawsuit was filed only a week before the mandate takes effect. We asked Corporan why that was?

“We had a complaint that was ready to go based on one legal theory and we were looking for specific documents we concluded didn’t exist. The night we were finishing up the campaign, we got new Westlaw service and use different search terms than what we had been using and found that they had complied with the seven days so we had to revamp those arguments,” Corporan said.

Though Corporan does not believe the petition will be successful, he said he anticipates one more trip to court after this petition then. He’ll explore options like wrongful termination suits if all else fails.

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