Walter v. City and County of Denver

Opinion by

Judge JONES.

Plaintiff, Elizabeth Walter, appeals the summary judgment entered in favor of defendant, the City and County of Denver. We reverse and remand.

Plaintiff sought damages on the theory that the City had infringed on her due process rights in violation of 42 U.S.C. §1983 (1994). Specifically, plaintiff alleges, in essence, that the City systematically delayed her receipt of Workers’ Compensation benefits pursuant to a custom or usage that had the force of law. She alleges that, in implementing the policy, the City violated her due process right to receive Workers’…