Civil Litigation and Employment Law
The Civil Litigation and Employment Law Section defends all state agencies, institutions of higher education (except the University of Colorado) and employees sued in state and federal court for personal injuries, property damage, employment discrimination, and constitutional violations. The Section also represents state agencies and institutions of higher education in personnel matters in front of the State Personnel Board and appellate courts, brings administrative cases against private parties on behalf of the Colorado Civil Rights Commission, and advises and represents state agencies and institutions of higher education in workers’ compensation matters.
Section attorneys also provide general legal advice and representation to the Colorado Department of Transportation, the Transportation Commission, the Department of Corrections, the State Board of Parole, the Department of Public Safety, Safe2Tell™, the POST Board, the Division of Risk Management, the Civil Rights Division, the Division of Workers’ Compensation’s Special Funds Unit, and the employees of those agencies. Section attorneys provide advice and training to all state agencies and institutions of higher education on a myriad of employment, workers’ compensation, general liability, and general legal issues.
Corrections and Public Safety Unit
The Corrections and Public Safety Unit provides representation and legal advice to the Colorado Department of Corrections, the Parole Board, all divisions of the Department of Public Safety including the Colorado State Patrol, the Colorado Bureau of Investigation, the Division of Criminal Justice, the Division of Fire Prevention and Control, the Division of Homeland Security and Emergency Management, the School Safety Resource Program, and the Safe2Tell Program within the Office of the Attorney General. The unit defends inmate lawsuits involving various issues, including constitutional rights, time computation, prison discipline proceedings, habeas corpus petitions, parole and contract-related matters.
Employment/Personnel and Civil Rights Unit
The Employment/Personnel and Civil Rights Unit advises state government agencies regarding classified employees and defends the State and its employees in employment disputes. The Unit represents all agencies and most institutions of higher education in personnel hearings and matters before the State Personnel Board and on appeal. The Unit also provides advice and training to state agencies, institutions of higher education and employees regarding personnel matters.
The Unit's attorneys adivse the Colorado Civil Rights Division within the Department of Regulatory Agencies in conjunction with the Civil Rights Division’s investigation of charges of employment, housing and public accommodations discrimination, and prosecutes those cases which have been noticed for hearing by the Colorado Civil Rights Commission. The Unit also provides counsel to the POST Board within the Office of the Attorney General.
Employment Tort Unit
The Employment Tort Unit defends state agencies, institutions of higher education, and employees in state and federal court employment litigation. The attorneys handle cases from inception through appeal. The cases involve claims arising under a myriad of federal and state statutes, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Fair Labor Standards Act, The Family Medical Leave Act, the Equal Pay Act, the Age Discrimination in Employment Act, the state whistleblower act, and other employment laws as well as federal civil rights laws and constitutional claims. Unit attorneys also provide advice and risk reduction training to state agencies and institutions of higher education regarding employment law. The Unit advises the State Risk Management Division on questions of coverage, indemnity, settlements, and conflicts.
Tort Litigation Unit
The Tort Litigation Unit defends state agencies, institutions of higher education, and employees in lawsuits seeking damages for personal injury and property damage, and those brought pursuant to federal law (except for employment claims). The Unit also provides day-to-day advice to the Colorado Office of Risk Management on questions of coverage, indemnity, settlement, and applicability of the Colorado Governmental Immunity Act (CGIA). Members of this Unit aggressively defend the State and seek to minimize the monetary liability of the State in a variety of lawsuits. In addition, the Unit provides most of the conflicts counsel to state regulatory agencies, boards, and commissions.
The Transportation Unit acts as a general service law firm to the Colorado Department of Transportation (CDOT) and the Colorado Transportation Commission, with the exception of personnel and tort matters. The Unit also represents the Colorado Bridge Enterprise and the Colorado High Performance Transportation Enterprise, which are government-owned TABOR-exempt enterprises and divisions within CDOT. The Unit files condemnation actions on behalf of CDOT, defends inverse condemnation cases, and brings and defends administrative actions. The Unit also handles access control, highway beautification, and billboard permit disputes, and assists CDOT with protests brought under the Procurement Code. The Unit advises CDOT in construction matters and represents CDOT in construction dispute review boards, arbitration and litigation. Members of the Unit review, revise, and approve CDOT contracts, assist in drafting and negotiating contracts, including public-private partnership contracts, and provide legal advice on rulemaking, legislation, and any other legal matters that arise.
Workers’ Compensation Unit
The Workers' Compensation Unit defends state agencies and institutions of higher education in workers' compensation matters. The attorneys manage litigation from inception through hearings and appeals, including fully contested claims, challenges to specific disability and medical benefits, penalty allegations, petitions to review, and cases with subrogation issues. The attorneys also represent the Subsequent Injury Fund and the Major Medical Insurance Fund in the Division of Workers' Compensation. The attorneys provide formal training and day-to-day advice to the state Risk Management's Workers' Compensation Division, state agencies, and the State's third-party-claims administrator, regarding workers' compensation law, liability exposure, and settlements.
Deputy Attorney General Vincent E. Morscher
Colorado Office of the Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203