Jury finds former Boulder County deputy liable in excessive force case

May 14—A jury returned a verdict Monday finding that a former Boulder County Sheriff's Office deputy, who is now an officer at the University of Colorado Boulder Police Department, used excessive force in beating an inmate at the Boulder County Jail in 2022.

The jury found CU Boulder police Officer Gene Taylor liable and awarded the plaintiff in the case, Kyle Termin, $50,000.

Taylor has now been placed on paid administrative leave by CU police.

In an email, CU police spokeswoman Christine Mahoney wrote, "The University of Colorado Boulder Police Department can confirm that Officer Gene Taylor has been placed on paid administrative leave and does not have police authority. The department will follow all applicable Colorado labor and employment laws."

On April 4, 2022, Termin was punched and kicked by Taylor after Termin spit on Taylor, according to the complaint. Termin's lawyer Scott Jurdem said at the time of the incident, Termin was being held in solitary confinement for 23 hours a day and was out of his cell on the phone.

Jurdem said Termin, who was 22 at the time, has a traumatic brain injury which is accompanied with mental health issues and a foot drop which causes him to walk with a limp. Jurdem said during the incident, Termin was alone in a locked room and had his hands cuffed and feet in leg irons.

"He doesn't pose a danger to anyone," Jurdem said, referring to what he saw in body camera footage. "When he was in that locked room, he was very dysregulated because of his brain injury and related mental health illness."

Added Jurdem, "Bottom line, they go in and slam the phone down. Within one second, Taylor has punched Kyle in the side of the head three times, hard enough Taylor injures his own hand. Not being satisfied with that, they take Kyle to the ground and you watch Taylor wind up with his leg and he knees Kyle four times."

Taylor was joined by two other officers during the incident who can be seen restraining Termin in body camera footage. Jurdem said the other two deputies were sued for failing to intervene and negligence but were found not liable.

"We trusted the justice system to be fair and are pleased that the jury found two of our deputies not liable to Mr. Termin," Boulder County Sheriff Curtis Johnson said in a statement. "After Mr. Termin criminally assaulted the third deputy, the deputy used force to stop Mr. Termin from continuing the criminal assault. The jury found the deputy acted in self-defense but also found him liable for this use of force, which resulted in Mr. Termin receiving a black eye. This type of case places the jury in the difficult position of determining the amount of force that may be used in the jail in dangerous, fast-moving situations. We appreciate the jury's service in this difficult matter, and we will consider it when we examine how our services can be improved in the future."

While Jurdem said it was "very disgusting and sad" that Termin spat at Taylor, he argued that the jail's policy specifically tells them that they need to be prepared for inmates to use bodily fluids and deputies should utilize de-escalation techniques.

According to Jurdem, 37 days following the incident Taylor quit and took a job at the CU Boulder Police Department.

"Taylor had previously indicated he planned to spend his entire career with the Boulder County Sheriff's Office," Jurdem said. "He quit 37 days later and took a job with the University of Colorado Police Department and is working with the student population. He was never disciplined."

Jurdem added that in Taylor testified during the trial he would do the same thing again if given the opportunity.

"Given the fact a jury has determined that the action was determined to be excessive force, it seems incredibly significant that he testified he'd do it again," Jurdem said.

Jurdem said the verdict is one of the first to be made following a recent Colorado civil rights statute that allows peace officers to be held liable for using force or failing to intervene in a situation where someone is deprived of their rights and injured.

An internal investigation conducted by the Boulder County Sheriff's Office found that Taylor had violated the jail's policy but Jurdem said the evidence of the investigation was not allowed to come into evidence and is a reason Jurdem plans to appeal.

After asking for $4.1 million, Jurdem said that he was disappointed with the amount of money awarded and is hopeful to reach a higher amount after an appeal.

Jurdem said Termin's pre-sentence jail time stemmed from his brain injury and mental illness which has resulted in homelessness and misdemeanor offenses. Termin, now 25, is currently being held in Adams County jail on an "unrelated matter," according to Jurdem.

Jurdem said the incident reflects the larger issues with society including laws which allow for inmates to be held for 23 hours in solitary confinement a day and a lack of investment in mental health resources.

"He could be one less person stuck in a terrible system," Jurdem said. "It's not (Boulder County Jail Division) Chief (Jeff) Goetz's fault that society right now tolerates being locked in a cell 23 hours a day instead of investing in mental health treatment."

In an email, Boulder County Sheriff's Office spokeswoman Carrie Haverfield described the necessary resources for mental health issues in the jail as "significant."

"This case demonstrates how complicated it is to address mental health issues within jail facilities, including managing inmates who suffer from mental illness and who may also have violent and unpredictable behavior," Haverfield wrote. "The resource level it takes to try to address inmates' mental health issues while maintaining the safety and security of all inmates, deputies, and other civilian employees in the jail is significant. The Boulder County Sheriff's Office continues to advocate for improved mental health services for individuals in the criminal justice system locally and on a statewide level."

Jurdem argued that the county was not doing enough to take responsibility.

"My belief is the county itself needs to take more responsibility rather than simply deny these claims and try to minimize them and sweep them under the rug," Jurdem said. "I quite frankly have the utmost respect for the Jail Chief Goetz. He has a very difficult job but it's the county putting up the defense and paying for the defense and making the decisions and forcing a case like this to go to trial. I feel like they should have taken responsibility."

Last year, the Boulder County Sheriff's Office paid two settlements totaling $2.5 million to Ryan Partridge for jail employees' repetitive use of excessive force on Partridge and the employee's deliberate indifference to his serious psychiatric needs.