DPS Under Fire for its Legal Controversies

Denver Public Schools (DPS) is the largest school district in the state of Colorado, with a total of 207 schools that support roughly 90,000 students and 14,000 staff. Especially in recent years the district has been marked by disruption and contention. According to CBS News there were 144 “high level threats” in the 2023-2024 school year many of which were reportedly investigated inadequately. Since then those incidents have manifested into court cases that aim at holding DPS financially responsible for its alleged leniency. 

In March 2023, Eric Sinclair-former East dean- began a routine search as a part of a safety plan for a student who was on parole and had been expelled because of confrontation concerning dangerous weapons. Prior to the incident, Sinclair had radioed for an assistant principal (AP), who was expected to conduct the search, multiple times without a response. Once Wayne Mason, another former dean, was radioed and arrived on scene it was clear a weapon had been discovered and a struggle ensued. Between 2 and 5 shots were fired leaving Sinclair in critical condition and Mason in stable condition. In response DPS superintendent, Alex Marerro, made a statement claiming that DPS schools “ have always been safe, our response has been incredible, but we can’t foresee the unexpected”. Since then Mason and Sinclair have filed similar lawsuits specifically naming East and former AP Shawne Anderson as defendants. Both cases are seeking damages of around $5 million for medical expenses, physical and mental pain, and loss of wages. The pair allege that the district “provided inadequate training and policies/protocols on student searches and building access control” in addition to hastily removing SROs. When discussing the students affinity for weapons the case specifically cites the Claire Davis Act which holds public schools accountable for protecting staff and students from “reasonably foreseeable violence”. 

Roughly a month prior to the aforementioned incident a student named Luis Garcia was fatally shot while waiting in his car on the Esplanade. Since his passing the Garcia family has filed a wrongful death lawsuit against the DPS board and 2 unnamed defendants- often referred to as A.A and B.B. Although an arrest has yet to be made in connection to the murder A.A is the male juvenile, who the lawsuit claims, shot and killed Garcia. B.B is named as a defendant in the case because as A.A’s mother she “knew or should have known” that her son was in possession of dangerous weapons especially considering evidence found by police in their home and on A.A’s social media. This lawsuit is another that cites the Claire Davis act claiming that the board “subverted and weakened the security and safe environment” when they removed SRO’s leading “potential shooters to believe they would be able to execute an attack”. The Garcia family is seeking financial compensation of more than $1 million for damages including medical expenses, funeral arrangements, and grief.

As a result of the policies associated with the new presidential term DPS went to a federal judge to request a temporary restraining order and preliminary injunction that would ultimately block ICE (U.S Immigration and Customs Enforcement) raids. In the case the district essentially argued that the new policy enforcing ICE at “sensitive locations”- such as schools- was “lacking a clear justification and failing to adequately consider the potential harm” especially to attendance, funding, and budget. The lawsuit mentions a February 5th raid at the Cedar Run Apartments claiming that the consistent presence of armed ICE agents outside of the complex blocked traffic from a handful of nearby schools and subsequently decreased attendance. The judge, Daniel Domenico, decided to deny the request claiming that in this instance “sufficient harm” had not been demonstrated. Shortly after DPS became the 1st to file a lawsuit against the Trump Administration’s new immigration policies. The case names the Secretary of Homeland Security, Kristi Noem, as the defendant, and maintains that DPS is "hindered in fulfilling its mission” due to the Department of Homeland Security’s (DHS) unnecessarily aggressive approach towards sensitive areas. At the same time US Senators Michael Bennet and John Hickenlooper have taken additional action to reintroduce legislation that would protect these sensitive locations.

In total these cases will incur millions of dollars in expenses and will substantially impact an already strained budget. In Colorado revenue from property and ownership taxes is used to cover the majority of the difference should a school district need a larger budget; essentially local taxpayers will be the ones to cover a considerable portion of the cost for these lawsuits. As a result many DPS families are looking towards the board for some kind of explanation but DPS has made it clear that it will not comment on any pending litigation.

Wayne Mason at a rally

Luis Garcia’s family at a (May 19th) Press Conference