Legal Opinion · Dissent

Turney v. Civil Service Commission

Colorado Court of Appeals

Decided April 16, 2009No. 08CA0215Published

1Dissent

*351Judge ROY

dissenting.

Because I have concluded that Denver Police Department Operations Manual § 8.18 (Ops. 8.13) is void for vagueness and violates the officer's rights to substantive due process, I respectfully dissent.

The hearing officer found, with support in the record, that Denver police officers receive over three months of training at the academy and fourteen weeks of field observation. They are taught to use lethal force as a last resort; put themselves in a position to act rather than react,; make the suspect come to them rather than go to the suspect; expect the unexpected when…

2Cases cited41 opinions

  1. Connally v. General Construction Co.Supreme Court of the United States · 1926
  2. Parker v. LevySupreme Court of the United States · 1974
  3. Coates v. City of CincinnatiSupreme Court of the United States · 1971
  4. Alvin W. Dodson, Jr. v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
  5. Bence v. BreierCourt of Appeals for the Seventh Circuit · 1974

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