Law Enforcement Whistleblower Protection

The bill creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages:

• Reinstatement, with or without back pay;
• Any other equitable relief the court deems appropriate;
• Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and
• Reasonable attorney fees and costs.

If the court finds that an action or defense brought was frivolous, groundless, or vexatious, the court may award costs and attorney fees to the defendant or peace officer, respectively.

The bill creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer, based on a legitimate nonretaliatory basis. The action is not subject to the "Colorado Governmental Immunity Act". The statute of limitations to bring the action is 2 years.

(Note: This summary applies to this bill as introduced.)