Thursday, October 21, 2021

Judge dismisses police officers’ lawsuit seeking to overturn Denver vaccine mandate

A Denver District Court judge on Wednesday dismissed an 11-hour challenge to Denver’s COVID-19 vaccine mandate, a day before the city ordered all city employees and certain key private sector employees to submit proof of vaccination. is required to do.

District Court Judge Shelley Gilman found that the court did not have jurisdiction to hear the issue because the police officers who sued to block the mandate did not file an administrative complaint earlier and terminated administrative measures. a requirement, except in certain exceptions, such as the following administrative procedure would be clearly redundant.

“The court here found that there is lack of subject matter jurisdiction to resolve the issue,” she said. “While allegations have been made that it would be futile, the court found that the plaintiffs have failed to establish futility beyond a reasonable doubt.”

Seven Denver police officers filed a lawsuit last week against Mayor Michael Hancock and other officers for attempting to block the mandate, asking Gilman to rescind the order on the grounds that the city was in excess of its authority. Hancock issued a mask mandate for all city employees on August 2, citing the rising number of COVID-19 cases and the rapidly spreading Delta variant.

The mandate also covers some workers employed by private businesses and organizations, including those working in health care, correctional facilities, and public and private schools.

Officers’ attorney Randy Corporon said Wednesday after the case was dismissed that he would make an administrative complaint with the Denver Department of Public Health and the Environment, and he is expected to file that complaint on Thursday.

“This is no longer a medical issue, it is a highly politicized issue,” said Corporan. “So I have very little optimism that we will see anything favorable from the Department of Health, but the judge said we have to try.”

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If that administrative complaint fails, he will have the option of filing a lawsuit once again.

“However long it takes, we have to correct this wrong, even if it is only in a court of law,” he said.

Both Gilman and a city attorney, Joshua Roberts, noted the late timing of the authorities’ challenge.

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