October 12th 2024.
This week, federal judges made the decision to reject a class-action lawsuit that was filed by an Aurora councilwoman against the Arapahoe County Department of Human Services. The lawsuit was in response to a social worker, Robin Niceta, who attempted to falsely accuse the councilwoman, Danielle Jurinsky, of child sexual abuse. Jurinsky claimed that her Constitutional rights were violated by Niceta and the department, specifically her rights to due process and equal protection.
In 2022, Niceta called a child abuse hotline and made fraudulent claims that Jurinsky had molested her own son. As a result, Niceta was found guilty of felony attempting to influence a public servant and misdemeanor false reporting of child abuse. She even went as far as faking a brain cancer diagnosis in an attempt to evade accountability for her actions. This ultimately led to her pleading guilty to additional charges.
On October 7th, 10th Circuit Court of Appeals judges Scott Matheson Jr., Carolyn McHugh, and Timothy Tymkovich made the ruling that Jurinsky's class-action case against Niceta and the department could not move forward. This decision was based on a previous ruling made 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. Additionally, there was no 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.
The ruling from October 7th stated, "Although the amended complaint alleged serious misconduct, it was deficient under the theories of liability Ms. Jurinsky wished to pursue in this action." This decision is related to other court cases, including the release of two people who were jailed on contempt of court charges in Pueblo, a paralegal's small talk that could potentially derail a road-rage murder trial in Denver, and the Colorado Supreme Court dismissing a transgender cake case on a technicality. In addition, states have recently filed a lawsuit against TikTok, claiming that the platform is addictive and harmful to the mental health of children.
Jurinsky announced on Friday that she will not be appealing the ruling, but she is grateful for the opportunity to shed light on the struggles of other families who have faced similar situations with the department. She stated, "At least, even for a day or a week, these folks got to have their voices heard. I've taken this fight as far as I have for other people who didn't have a voice." The Arapahoe County's spokesman, Anders Nelson, had no comment on the ruling.
Jurinsky's lawsuit was initially filed in 2022 and was dismissed by Brimmer in 2023. To stay updated on crime news, you can sign up to receive it directly in your inbox every day.
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