Derek Richter v. Commerce City, Colorado, et. al.

This case involves Derek Richter, a patrol officer with the Commerce City, Colorado Police Department, and Captain in the Colorado Army National Guard. The Colorado Army National Guard mobilized Mr. Richter for military duty, during those mobilizations a promotional opportunity opened within the police department, but the police department refused to let Mr. Richter compete for that promotion upon his return to work.  The Colorado Army Guard mobilized Mr. Richter an additional time, Mr. Richter informed the police department of his military duty, but did not give the police department copies of his orders.  In response, the police department placed Mr. Richter on a “military hold” status which resulted in Mr. Richter losing thousands of dollars worth of benefits. A copy of Mr. Richter’s complaint for violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA) is attached here.  Commerce City hired an expert to opine that the City’s USERRA practices were proper. The Court issued an Order excluding that expert’s testimony. Mr. Richter filed a Motion for Summary Judgment regarding his USERRA re-employment and USERRA retaliation claims and a Motion for Sanctions after it was discovered that the City destroyed its former Police Chief’s iPad containing documents related to Mr. Richter’s complaints of military discrimination. Shortly thereafter the lawsuit resolved.