Judge Dismisses Denver Cops' Lawsuit Against City Vaccine Mandate

Denver CO

30 September, 2021

12:23 PM

Description

DENVER, CO — The deadline for all city employees to be vaccinated against COVID-19 has come — and a Denver District Court judge has dismissed a last-minute lawsuit by city police officers that sought to overturn the mandate. District Court Judge Shelley Gilman on Wednesday ruled that the court could not hear the issue because the officers who sued did not first file an administrative complaint and attempt to remedy the situation at that level, The Denver Post reported. Randy Corporon, an attorney who represented the officers, argued that any administrative attempts would have been futile, Denverite reported – an exception to the requirement stating that plaintiffs must exhaust all administrative solutions before filing a lawsuit. Read more: 7 Denver Police Officers Sue Over Vaccine Mandate "The court here finds it lacks subject matter jurisdiction to address the issue," Gilman said, as reported by The Denver Post. "While there have been allegations that it would be futile, the court would find the plaintiffs have failed to establish beyond a reasonable doubt that futility." Additionally, assistant city attorney Joshua Roberts argued that the cops had around two months to seek a solution – the vaccine mandate was issued on Aug. 2 – yet instead chose to file an "11th hour appeal" as a "matter of urgency," according to Denverite. As of Wednesday, more than 600 Denver employees had failed to either prove they're vaccinated or receive a religious or medical exemption, Axios reported. Anyone who does not comply could face 10 days of unpaid leave and termination.