City & County of Denver v. Gallegos

This is a civil assault and battery action by the respondent, Jimmy Dale Gallegos, against the City and County of Denver and one of its police officers, Jon L. Teel. The trial court entered judgment on a jury verdict in *416favor of both defendants, but the Court of Appeals reversed, 37 Colo. App. 230, 546 P.2d 959 (1975). We reverse the Court of Appeals and reinstate the trial court’s judgment.

Denver police officers went to the Gallegos home in response to a family disturbance call. When the officers arrived, Gallegos emerged from his home in a state of extreme agitation, carrying a large knife.…