October 12th 2024.
This week, federal judges made the decision to reject a class-action lawsuit brought forth by Aurora City Council member Danielle Jurinsky against the Arapahoe County Department of Human Services. Her lawsuit stemmed from an incident where a former employee, Robin Niceta, falsely accused Jurinsky of child sexual abuse. The incident occurred when Niceta, a social worker, made a fraudulent call to a child abuse hotline in 2022, claiming that Jurinsky had molested her own son.
Last year, Niceta was found guilty of felony charges for attempting to influence a public servant and falsely reporting child abuse. She also recently pleaded guilty to additional charges for faking a brain cancer diagnosis in an attempt to avoid accountability for her actions. Despite this, the 10th Circuit Court of Appeals judges, Scott Matheson Jr., Carolyn McHugh, and Timothy Tymkovich, ruled on Oct. 7 that Jurinsky's class-action case could not move forward, agreeing with a previous ruling by federal district court judge Philip Brimmer.
The judges stated that Jurinsky did not provide enough evidence to support her claim that Niceta acted under the color of state law, nor did she have sufficient evidence to back up her claims that the county interfered in her relationship with her son or treated her differently from others in similar situations. In their ruling, the judges acknowledged the seriousness of the allegations, but ultimately, they found Jurinsky's case to be deficient under the theories of liability she wished to pursue.
In other related news, courts have recently been busy with a variety of cases, including the unexplained death of Seorin Kim's infant daughter in Denver, a Pueblo judge ordering the release of two individuals jailed on contempt of court charges, and a Denver paralegal's weekend small talk potentially derailing a road-rage murder trial. Additionally, the Colorado Supreme Court dismissed a transgender cake case on a technicality, and multiple states have filed lawsuits against TikTok, claiming that the platform is addictive and harmful to the mental health of children.
Despite the rejection of her case, Jurinsky remains grateful for the opportunity to shed light on the struggles of other families who have also experienced unjust separation from their children at the hands of the department. She stated that she does not plan to appeal the ruling, but she is thankful that she was able to give a voice to those who may not have had one otherwise. A spokesperson for Arapahoe County, Anders Nelson, declined to comment on the ruling.
Jurinsky initially filed her lawsuit in 2022, but it was dismissed by Brimmer in 2023. She hopes that her fight will bring attention to the injustices faced by families who have been separated from their children due to the department's actions. And while her lawsuit may have not been successful, she remains hopeful that it has made a positive impact and raised awareness on the issue. To stay updated on crime news, sign up to receive daily newsletters straight to your inbox.
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