U.S. District Judge Regina M. Rodriguez has ruled that two key claims in a lawsuit against the City of Boulder over the removal of Lisa Sweeney-Miran from the city’s Police Oversight Panel can proceed.
The lawsuit stems from Boulder City Council’s decision in May 2023 to remove Sweeney-Miran from the panel after some residents alleged she was biased against police. A city-appointed special counsel later determined that the committee responsible for nominating her had failed to properly evaluate candidates for bias. The Police Oversight Panel is tasked with reviewing investigations into complaints against the Boulder Police Department.
Sweeney-Miran, executive director of a local homeless shelter and a political organizer, sued the city in January 2024, alleging violations of her constitutional rights. She brought three claims:
- A First Amendment retaliation claim, alleging she was removed from the panel due to her public criticism of police.
- A First Amendment coercion claim, alleging the city pressured her into withdrawing from a separate lawsuit over Boulder’s camping ban.
- A Fourteenth Amendment due process claim, alleging she was not given an opportunity to defend herself before her removal.
The city sought to dismiss the coercion and due process claims. Judge Rodriguez granted the city’s request to dismiss the coercion claim but allowed the retaliation and due process claims to move forward.
The city must now file an answer to the complaint. The case could proceed toward a judgment, settlement or trial.