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David Lane’s civil rights law firm brings firepower to case challenging Denver homeless sweeps

Firm has handed high-profile cases, including Marvin Booker claim that settled for $6 million

Denver police sweep homeless camps
RJ Sangosti, Denver Post file
Denver police begin sweeps of homeless camps near the downtown Denver Recuse Mission on Nov. 15, 2016.
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A class-action lawsuit challenging Denver’s sweeps of homeless camps got extra legal firepower Tuesday, when civil rights law firm Kilmer, Lane & Newman joined the case as co-counsel.

The firm, led by prominent civil rights attorney David Lane, has handled some of Denver’s most high-profile cases, including an excessive-force lawsuit filed by the family of Marvin Booker, a homeless street preacher, who died after being shocked with a Taser, put in a “sleeper hold,” and forced to the ground by deputies in the Denver Detention Center.

The case resulted in a $6 million settlement agreement between the city and Booker’s family.

Lawyer Jason Flores-Williams, who in August filed the lawsuit U.S. District Court in Denver challenging the constitutionality of the sweeps, said that after a judge granted the case status as a class action — increasing the number of plaintiffs by thousands — he was approached by a number of law firms offering to help.

Flores-Williams screened the firms, looking for a strong commitment to civil liberties and a personal connection, he said. “After meeting with a lot of people, it became clear that David Lane and I had a strong connection.”

Williams said the outcome of the case will have ramifications for cities struggling with homelessness throughout the nation.

“This is an important case,” he said, “and I’m not smart enough to handle a case this important all alone. I need some other good minds to help.”

The suit claims that police seize property without notice or due process during the sweeps.

Flores-Williams filed the lawsuit on behalf of nine homeless men and a woman living in Denver. District Court Judge William Martinez certified the class in April, making the 10 plaintiffs representative of all homeless people in Denver.

Martinez suggested that Flores-Williams add a co-counsel to the case.

“Mr. Flores-Williams has frequently displayed ignorance of or dismissiveness towards rules and procedures,” Martinez said. “The court is genuinely concerned that Mr. Flores-Williams will ultimately do his clients a disservice by failing to take seriously Denver’s opposing arguments — or, more fundamentally, losing sight of the fact that lawsuits are decided based on the facts in evidence and legal authorities, and not on rhetoric.”