October 12th 2024.
In a recent court decision, federal judges rejected a class-action lawsuit brought forth by Aurora councilwoman Danielle Jurinsky against the Arapahoe County Department of Human Services. The lawsuit claimed that Jurinsky's Constitutional rights were violated when a social worker, Robin Niceta, falsely accused her of child sexual abuse.
The incident occurred in 2022 when Niceta, an ex-employee of the department, called a child abuse hotline to falsely claim that Jurinsky had molested her own son. Niceta was later found guilty of felony charges and pleaded guilty to additional charges for attempting to avoid accountability by faking a diagnosis of brain cancer.
After the ruling by Judges Scott Matheson Jr., Carolyn McHugh, and Timothy Tymkovich on October 7, it was determined that Jurinsky's case against Niceta and the department could not move forward. This decision was in agreement with the 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. They also found no proof to support Jurinsky's claims that the county interfered in her relationship with her son or treated her differently from others in similar situations.
The ruling stated, “Although the amended complaint alleged serious misconduct, it was deficient under the theories of liability Ms. Jurinsky wished to pursue in this action.”
In other related news, there have been recent court decisions that have caught the public's attention. One such case involved the tragic death of Seorin Kim's infant daughter in Denver, which remains unexplained. Another case in Pueblo involved a judge ordering the release of two people who were jailed on contempt of court charges. In Denver, a paralegal's casual conversation over the weekend could potentially impact a road-rage murder trial. And in a highly publicized case, the Colorado Supreme Court dismissed a lawsuit against TikTok, claiming that its platform is addictive and harmful to the mental health of children.
Jurinsky stated that she does not plan to appeal the ruling but is grateful for the opportunity to bring attention to the struggles of other families who have faced similar situations with the department. She hopes that even if it was just for a day or a week, their voices were heard.
A spokesperson for Arapahoe County, Anders Nelson, declined to comment on the ruling. Jurinsky's lawsuit was initially filed in 2022 and was first dismissed by Brimmer in 2023.
Despite the outcome of the case, Jurinsky remains determined to continue fighting for the rights of families who have been unjustly separated or threatened with separation by the department. She believes that her efforts have given a voice to those who may not have had one before.
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