The Civil Litigation and Employment Law Section represents state agencies, institutions of higher education, and employees sued in state and federal court for personal injuries, property damage, employment discrimination, and constitutional violations. The Section also represents state agencies in front of the State Personnel Board, Office of Administrative Courts and appellate courts, brings administrative cases against private parties on behalf of the Colorado Civil Rights Commission, and provides general employment advice.
Section Attorneys also provide general legal advice and representation to the Colorado Department of Transportation, 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 employees of those agencies.
Tort Litigation Unit
The Tort Litigation Unit represents state agencies and state employees in lawsuits seeking damages for personal injury, property damage, or civil rights violations. The Unit’s attorneys handle cases from inception through appeal, often involving claims under federal and state statutes.
Attorneys in the Unit also advise the Colorado Office of Risk Management on questions of coverage, indemnity, settlement, and applicability of the Colorado Governmental Immunity Act (CGIA). They provide advice and risk reduction training to state agencies and institutions of higher education regarding employment law.
The Cross-Unit Litigation team is a group of trial attorneys with deep litigation experience and the ability to handle a wide variety of complex civil litigation matters. The team handles matters from pre-litigation investigation through appeal. The Cross-Unit Litigation team served as a repository for complex civil matters that may not fall squarely under other Units or Sections in the Department, and as a hub for experienced courtroom lawyers that serve as mentors to others in the Department.
Corrections & Public Safety Unit
The Corrections & 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. Attorneys in the Unit represent agencies faced with constitutional challenges, prison discipline proceedings, habeas corpus petitions, parole issues, 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 represents the State and its employees in employment disputes. Attorneys in the Unit often appear before the State Personnel Board and handle matters on appeal.
The Unit’s attorneys also advise the Colorado Civil Rights Division with respect to investigations concerning allegations of employment, housing and public accommodation discrimination, and they prosecute cases which have been noticed for hearing by the Colorado Civil Rights Commission.
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 represents 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.