A federal magistrate judge has recommended allowing key parts of a lawsuit against the City of Boulder over the removal of a Police Oversight Panel member to move forward. The recommendation signals that the court believes constitutional questions about free speech, government retaliation, and due process warrant further legal review.
The lawsuit, filed in U.S. District Court in January 2024, challenges the Boulder City Council’s decision to remove Lisa Sweeney-Miran from the Police Oversight Panel, a volunteer group that reviews internal investigations of police misconduct. Sweeney-Miran, the director of a homeless shelter and a political organizer, was removed after a city-appointed special counsel determined that the selection committee that nominated her failed to properly evaluate candidates for bias.
Sweeney-Miran’s lawsuit alleges that the city retaliated against her for protected speech — specifically, her criticism of police and her involvement in a lawsuit challenging Boulder’s camping ban — violating her First Amendment rights. She also claims the city denied her due process by removing her without a formal opportunity to defend herself.
In a motion to dismiss, the city argued that public employees and volunteers have limited free speech protections and that Sweeney-Miran was not entitled to certain due process rights because she did not receive enough pay or benefits.
In a recommendation issued Feb. 17, U.S. Magistrate Judge Susan Prose found that Sweeney-Miran’s First Amendment retaliation and due process claims should proceed. However, she recommended dismissing a separate claim that the city coerced Sweeney-Miran into withdrawing as a plaintiff in the camping ban lawsuit in exchange for her appointment.
The case now moves to U.S. District Judge Regina Rodriguez, who will decide whether to adopt the recommendation.