Colorado jury awards $3.76 million, finds two Denver Police officers guilty of constitutional violations
A Denver jury on Friday awarded $3.76 million to a 78-year-old Montbello resident after finding two Denver Police officers guilty of violating her constitutional rights.
Ruby Johnson, a retired postal worker, lived in the same home in Montbello for more than 40 years. On Jan. 4, 2022, a Denver Police Department SWAT team carried out a raid that, according to the American Civil Liberties Union of Colorado, ransacked her home based on “an utterly deficient search warrant.”
The officers were searching for stolen goods and evidence of a truck theft with which Johnson had no involvement. The ACLU sued the police department on Johnson’s behalf last year.
According to a news release, and supporting court documents provided by the ACLU, a warrant for the search was obtained after officers received an alleged location ping from an iPhone’s “Find My” app possibly connected to the stolen vehicle case that Det. Gary Staab was assigned to. However, the exact location could not be determined and the ACLU argued there was “no basis to identify and search Ms. Johnson’s home.”
The jury sided with the ACLU, awarding $1.26 million in compensatory damages and $2.5 million in punitive damages to Johnson.
The jury concluded that Staab and Sgt. Gregory Buschy hastily sought, obtained and executed a search warrant, violating Johnson’s right to be free from unreasonable search and seizure, according to a news release from the ACLU.
“This is a small step toward justice for Ms. Johnson, but it is a critical case under our state’s Constitution, for the first time affirming that police can be held accountable for invading someone’s home without probable cause,” Tim Macdonald, the legal director of ACLU Colorado, said in the release.
The Denver jury found the officers had violated Colorado’s Revised Statute, Section 13-21-131 relating to civil action for deprivation of rights. The statute says peace officers are liable to an injured party for “legal or equitable relief” if a jury finds them guilty of depriving any other person of their individual rights. Furthermore, the jury found the warrant used for the SWAT raid was unsupported by probable cause.
In a news release, Executive Director of ACLU Colorado Deborah Richardson said the SWAT raid not only violated Johnson’s privacy but destroyed “invaluable possessions,” and that, due to the trauma of the raid, Johnson was forced to find a new home.
“Though the outcome of this trial will not fully undo the harm of that fateful day, it puts us one step closer to justice for her and others who have found their lives turned upside down because of police misconduct,” Richardson said in the release.
The Denver Police Department declined to comment on the case.







