In this case, ACLU lawyers filed suit against three Colorado State Patrol officers – and two training supervisors – in the wrongful death of an unarmed Grand Junction man who was shot at point-blank range and killed in the summer of 2010 when he refused to allow officers to enter his home without a warrant.
The suit is filed on behalf of Connie and Keith Kemp, the parents of Jason Alan Kemp, a 31-year-old Mesa State College graduate, who died at the scene after Trooper Ivan Lawyer shot him in the chest. The lawsuit asserts that Lawyer and two additional troopers at the scene, Corporal Kirk Firko and Sergeant Chad Dunlap, are responsible for Jason’s wrongful death as well as the illegal police actions that led to it, including attempting to break down Jason’s door when he told them they needed to get a warrant.
The state troopers were investigating a minor accident that resulted in minimal damage to a neighbor’s lawn. They suspected Jason was responsible and may have been driving under the influence of alcohol. When they knocked on Jason’s door, he refused to let them enter without a warrant. Instead of seeking a warrant, which the Fourth Amendment requires, the troopers proceeding to attempt to kick down the door, with guns drawn. When the door opened, Jason was shot and killed.
The lawsuit also names as defendants additional employees of the State Patrol whom the ACLU asserts were responsible for the constitutionally-deficient training of Lawyer, Firko, and Dunlap.
Update, January 2013: The Colorado State Patrol agreed to a million-dollar payment and major improvements in training and policy to settle the ACLU lawsuit.
ACLU news releases:
- "ACLU lawyers sue state troopers who illegally entered Grand Junction home and killed Jason Kemp," ACLU News Release, May 24, 2011
- "State Patrol agrees to $1M payment, major improvements to settle ACLU lawsuit," ACLU News Release, January 7, 2013
Media:
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“Two Colorado State troopers indicted in deadly shooting,” The Denver Post, October 22, 2010
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“ACLU sues State Troopers in Kemp killing,” Grand Junction Sentinel, May 24, 2011
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“Would Meek Compliance Have Saved Jason Kemp's Life?,” Reason, May 25, 2011
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“Suit against Colorado State Patrol sergeant proceeds,” The Denver Post, February 8, 2012
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“Colorado trooper acquitted of serious charges in 2010 shooting,” April 19, 2012
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“Colorado State Patrol to pay $1 million in wrongful shooting death settlement,” Fox 31 News, January 7, 2013
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“ACLU: Colorado State Patrol to pay $1 million in wrongful death suit out of Grand Junction,” The Denver Post, January 7, 2013
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“Kemps, state settle for $1 million,” Grand Junction Sentinel, January 8, 2013
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“Colorado State Patrol to pay $1 million in wrongful shooting death settlement,” KDVR, January 7, 2013
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“Kemp death spurs change in training at State Patrol,” Grand Junction Sentinel, July 21, 2013
ACLU case number
2010-20
