A court has dismissed a legislator's lawsuit against a county's human services department.

This week, federal judges made a decision on a class-action lawsuit brought forth by Aurora City Council member Danielle Jurinsky against the Arapahoe County Department of Human Services. The lawsuit was in response to a social worker, Robin Niceta, attempting to falsely accuse Jurinsky of child sexual abuse.

Jurinsky claimed that her Constitutional rights were violated by the department and Niceta, as she was denied due process and equal protection. Niceta had made a call to a child abuse hotline in 2022, falsely stating that Jurinsky had molested her own son. Last year, Niceta was found guilty of felony charges and misdemeanor charges for attempting to influence a public servant and falsely reporting child abuse. She also recently pleaded guilty to additional charges for fabricating a brain cancer diagnosis in an attempt to escape accountability for her actions.

However, the 10th Circuit Court of Appeals, consisting of judges Scott Matheson Jr., Carolyn McHugh, and Timothy Tymkovich, ruled on October 7th that Jurinsky's case could not move forward. This decision was in agreement 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 state law, nor did she provide evidence 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 made by Jurinsky, but ultimately found her arguments to be lacking in supporting evidence. This ruling was a disappointment for Jurinsky, who had hoped to bring attention to the struggles faced by other families who have been unjustly separated from their children by the department. She stated that she will not be appealing the decision, but was grateful for the opportunity to shed light on this issue for other families.

A spokesperson for Arapahoe County said that they had no comment on the ruling. Jurinsky had filed her lawsuit in 2022, and it was initially dismissed by Brimmer in 2023. She expressed her gratitude for having the chance to speak out and give a voice to those who have faced similar challenges with the department.

It is clear that this has been a long and difficult battle for Jurinsky, and she hopes that her efforts will bring about change for others who have faced similar injustices. Although the outcome was not what she had hoped for, she remains determined to continue the fight for justice for those who have been silenced. As for the county, they have chosen not to comment on the ruling at this time. The lawsuit may have come to an end, but the struggle for justice and accountability continues for Jurinsky and other families.

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