Colorado Politics: Colorado’s second-highest court concluded last month that a former law enforcement officer cannot sue his employer under one police accountability law for reporting its misconduct finding to another agency, as required under a different police accountability law.

Officer Michael Oliveira sued leaders of the Lochbuie Police Department under Senate Bill 217, also known as the Enhance Law Enforcement Integrity Act (ELEIA). Enacted in 2020, the law permits lawsuits against police officers for violations of rights under the state constitution. Oliveira alleged Lochbuie police leadership reported a faulty finding of misconduct to the Peace Officer Standards and Training (POST) Board, violating his right to due process.

But a three-judge Court of Appeals panel declined to recognize Oliveira’s claim that one government agency transmitting false statements to another agency and affecting a person’s reputation amounts to a constitutional violation. In a May 15 opinion, Judge Timothy J. Schutz noted Colorado mandates that law enforcement agencies report an officer’s dishonesty to POST.

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